Lilleyman v Lilleyman & Anor

The July Part 36 Offer was not withdrawn and remained open; since the claimant failed to obtain a judgment more advantageous than the offer, the defendants are entitled to their costs from 17 August 2011, subject to a 20% disallowance due to the no holds barred litigation approach and conduct.

Parties: Claimant: Barbara Joyce Lilleyman; Defendant: Nigel Paul Lilleyman; Defendant: Christopher Mark Lilleyman
Jurisdiction: England and Wales
Judgment Date: 26 April 2012
Procedural Posture: Civil / Post Judgment Costs Ruling
Outcome: Costs allocated; claimant to pay 80% of defendants' post-17 August 2011 costs with interest; claimant's pre-17 August 2011 costs paid out of estate.
Legal Topics: Inheritance Act Claims, Costs, Part 36 Offers, Reasonable Financial Provision

Succession Civil Procedure Inheritance Act Claims Costs Part 36 Offers Reasonable Financial Provision

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 10

Parties

Barbara Joyce Lilleyman

Claimant

Nigel Paul Lilleyman

Defendant

Christopher Mark Lilleyman

Defendant

Procedural Posture

Civil / Post Judgment Costs Ruling

Legal Issues

1 Whether the defendants' July Part 36 Offer was withdrawn prior to judgment
2 Whether it is unjust to apply the strict consequences of Part 36.14(2) regarding costs
3 Appropriate allocation of costs between parties in light of conduct and offers

Ratio Decidendi

Court Disposition

Costs allocated; claimant to pay 80% of defendants' post-17 August 2011 costs with interest; claimant's pre-17 August 2011 costs paid out of estate.

Orders

Claimant's costs up to 17 August 2011 to be paid out of the estate.
Claimant to pay 80% of defendants' costs incurred after 17 August 2011.