Christopher J Moon v Sandy Deane

Christopher J Moon v Sandy Deane

None of the grounds advanced by Dr Moon disclose a realistic prospect of success on appeal; the District Judge's exercise of discretion on adjournment, summary assessment of costs, and consideration of mediation offers was proper and within legal principles.

Parties
Claimant: Dr Christopher J Moon; Defendant: Ms Sandy Deane
Jurisdiction
England and Wales
Judgment Date
03 May 2022
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed Oral Hearing)
Outcome
permission to appeal refused
Legal Topics
Costs, Summary Assessment, Executor Removal, Appeal Procedure
Civil Procedure Probate Costs Summary Assessment Executor Removal Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dr Christopher J Moon

Claimant

Ms Sandy Deane

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed Oral Hearing)

Legal Issues

  1. 1 Whether District Judge Johnson erred in refusing an adjournment of the costs hearing
  2. 2 Whether the summary assessment of costs was conducted properly and with sufficient breakdown
  3. 3 Whether failure to mediate should have affected the costs order

Ratio Decidendi

None of the grounds advanced by Dr Moon disclose a realistic prospect of success on appeal; the District Judge's exercise of discretion on adjournment, summary assessment of costs, and consideration of mediation offers was proper and within legal principles.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal against the costs order of District Judge Johnson is refused.