Viva! Campaigns Ltd & Anor v Scott

Viva! Campaigns Ltd & Anor v Scott

Costs follow the event; defendant to pay claimants' costs on standard basis up to 27.8.13 and indemnity basis with interest at 10.5% from 28.8.13, subject to exceptions for certain expert and witness costs. Payment on account of £186.5k ordered.

Parties
Claimant: Viva! Campaigns Limited; Claimant: The Vegetarian Society of the United Kingdom Limited; Defendant: Mrs Jennifer Mariegold Scott
Jurisdiction
England and Wales
Judgment Date
21 November 2013
Procedural Posture
Probate / Costs Judgment Following Trial
Outcome
Defendant ordered to pay claimants' costs as specified; payment on account ordered.
Legal Topics
Testamentary Capacity, Costs Liability, Offers to Settle, Expert Evidence, ATE Insurance, Mediation
Probate Civil Procedure Testamentary Capacity Costs Liability Offers to Settle Expert Evidence ATE Insurance Mediation

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Parties

Viva! Campaigns Limited

Claimant

The Vegetarian Society of the United Kingdom Limited

Claimant

Mrs Jennifer Mariegold Scott

Defendant

Procedural Posture

Probate / Costs Judgment Following Trial

Legal Issues

  1. 1 Whether costs should follow the event or be borne by the estate due to the testator's conduct
  2. 2 Whether expert evidence costs should be paid by the estate or parties
  3. 3 Effect of offers to settle and conduct on costs liability

Ratio Decidendi

Costs follow the event; defendant to pay claimants' costs on standard basis up to 27.8.13 and indemnity basis with interest at 10.5% from 28.8.13, subject to exceptions for certain expert and witness costs. Payment on account of £186.5k ordered.

Court Disposition

Defendant ordered to pay claimants' costs as specified; payment on account ordered.

Orders

  • Defendant to pay claimants' costs on standard basis up to 27.8.13 and indemnity basis with 10.5% interest from 28.8.13, subject to exceptions.
  • Claimants to pay £1.5k inclusive of VAT towards defendant's costs of application for permission to adduce third supplemental report of Professor Jacoby.