Marley v Rawlings and another

Marley v Rawlings and another

Given the solicitor's negligence caused the litigation, and the estate is modest, the proper order is that the solicitor's insurers pay the costs of both parties up to and including the Court of Appeal, and the respondents' Supreme Court costs (limited to base fees and disbursements, not uplift), provided counsel waive any CFA uplift; otherwise, no order for respondents' Supreme Court costs save for disbursements.

Parties
Appellant: Marley; Respondents: Rawlings and another
Jurisdiction
England and Wales
Judgment Date
18 September 2014
Procedural Posture
Civil Appeal (probate/costs) / Supreme Court Costs Judgment
Outcome
Solicitor's insurers to pay costs as specified; respondents' counsel waived uplift, so base fees and disbursements recoverable.
Legal Topics
Costs, Conditional Fee Agreements, Third Party Costs Orders, Will Validity, Solicitor Negligence
Probate Civil Procedure Professional Negligence Costs Conditional Fee Agreements Third Party Costs Orders Will Validity Solicitor Negligence

Case Brief

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Parties

Marley

Appellant

Rawlings and another

Respondents

Procedural Posture

Civil Appeal (probate/costs) / Supreme Court Costs Judgment

Legal Issues

  1. 1 How should the costs of the proceedings be allocated following the Supreme Court's decision on the validity of the will?
  2. 2 Should the negligent solicitor (or their insurers) be ordered to pay the parties' costs?
  3. 3 Are the respondents entitled to recover costs under their conditional fee agreements, including any uplift?

Ratio Decidendi

Given the solicitor's negligence caused the litigation, and the estate is modest, the proper order is that the solicitor's insurers pay the costs of both parties up to and including the Court of Appeal, and the respondents' Supreme Court costs (limited to base fees and disbursements, not uplift), provided counsel waive any CFA uplift; otherwise, no order for respondents' Supreme Court costs save for disbursements.

Court Disposition

Solicitor's insurers to pay costs as specified; respondents' counsel waived uplift, so base fees and disbursements recoverable.

Orders

  • Insurers of the Solicitor to pay Mr Marley's costs up to and including the Supreme Court.
  • Insurers of the Solicitor to pay the respondents' costs up to and including the Court of Appeal.