Breslin, Re the Estate of Beck v Bromley & Ors (Costs)

Breslin, Re the Estate of Beck v Bromley & Ors (Costs)

Mr Breslin was not the cause of the litigation, nor was Mrs Beck. Mrs Lockwood, having relied on CPR 57.7(5) and not raising a positive case, should bear her own costs. Miss Breslin should pay three quarters of Mr Breslin’s costs up to 19 October 2015 and one half thereafter, assessed on the standard basis. A payment on account of £70,000 is appropriate.

Parties
Claimant: Stephen David Breslin; Defendant: Peter Bromley; Defendant: Anne Elizabeth Lockwood; Defendant: Linda Breslin
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Probate / Costs Judgment
Outcome
Costs awarded in favour of Mr Breslin against Miss Breslin; Mrs Lockwood to bear her own costs; payment on account ordered.
Legal Topics
Costs, Wills, Litigation Conduct
Civil Procedure Probate Costs Wills Litigation Conduct

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Stephen David Breslin

Claimant

Peter Bromley

Defendant

Anne Elizabeth Lockwood

Defendant

Linda Breslin

Defendant

Procedural Posture

Probate / Costs Judgment

Legal Issues

  1. 1 Whether the normal rule that costs follow the event should apply in probate proceedings
  2. 2 Whether any party was really the cause of the litigation so as to justify a different costs order
  3. 3 Whether any party's conduct justified indemnity costs

Ratio Decidendi

Mr Breslin was not the cause of the litigation, nor was Mrs Beck. Mrs Lockwood, having relied on CPR 57.7(5) and not raising a positive case, should bear her own costs. Miss Breslin should pay three quarters of Mr Breslin’s costs up to 19 October 2015 and one half thereafter, assessed on the standard basis. A payment on account of £70,000 is appropriate.

Court Disposition

Costs awarded in favour of Mr Breslin against Miss Breslin; Mrs Lockwood to bear her own costs; payment on account ordered.

Orders

  • Miss Breslin to pay three quarters of Mr Breslin’s costs up to 19 October 2015 and one half thereafter, assessed on the standard basis if not agreed.
  • Mrs Lockwood to bear her own costs.