Varmer v Mason

Varmer v Mason

The judge exercised his discretion to order the applicant to pay the respondent's costs because the litigation was hostile, the issue of domicile was contentious, and there was a clear winner and loser.

Parties
Applicant: Mason; Respondent: Varmer
Jurisdiction
England and Wales
Judgment Date
10 November 2011
Procedural Posture
Probate / Application for Permission to Appeal (costs Order After Preliminary Issue)
Outcome
Application for permission to appeal adjourned
Legal Topics
Costs, Domicile, Preliminary Issues
Probate Civil Procedure Costs Domicile Preliminary Issues

Case Brief

Summary, issues, holding and outcome

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Parties

Mason

Applicant

Varmer

Respondent

Procedural Posture

Probate / Application for Permission to Appeal (costs Order After Preliminary Issue)

Legal Issues

  1. 1 Whether the costs of the preliminary issue on domicile should be paid by the defendant or from the estate
  2. 2 Whether the judge exercised his discretion on costs correctly

Ratio Decidendi

The judge exercised his discretion to order the applicant to pay the respondent's costs because the litigation was hostile, the issue of domicile was contentious, and there was a clear winner and loser.

Court Disposition

Application for permission to appeal adjourned

Orders

  • Application adjourned to be restored to Ward LJ in January 2012