Steven Leslie Pead v Prostate Cancer UK & Ors

Steven Leslie Pead v Prostate Cancer UK & Ors

GWCA (as successor to BBMW) is to pay 60% of all parties' costs of the total claim, to be assessed if not agreed, because BBMW's conduct and omissions significantly contributed to the circumstances giving rise to both the rectification and construction claims, and it is just and fair in all the circumstances for...

Source-derived case information.

Parties
Claimant: Steven Leslie Pead; Defendant: Prostate Cancer UK; Defendant: Macmillan Cancer Support; Defendant: Cancer Research UK; Defendant: Sally Pead; Defendant: Leah Grace Jones (a child) (by her litigation friend Ricky Jones); Defendant: Joshua Pead; Defendant: The Estate of Lisa Jones Deceased (represented by Joshua Pead); Defendant: Adam Pead; Defendant: GWCA Solicitors Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Probate/trusts – Costs Application / Costs Judgment Following Trial and Joinder of Non Party for Costs
Outcome
Application for non-party costs order against GWCA granted in part; GWCA or its insurers to pay 60% of all parties' costs of the total claim, to be assessed if not agreed.
Legal Topics
Non Party Costs Orders, Rectification of Wills, Construction of Wills, Professional Negligence, Costs Apportionment
Probate Trusts Civil Procedure Non Party Costs Orders Rectification of Wills Construction of Wills Professional Negligence Costs Apportionment

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Parties

Steven Leslie Pead

Claimant

Prostate Cancer UK

Defendant

Macmillan Cancer Support

Defendant

Cancer Research UK

Defendant

Sally Pead

Defendant

Leah Grace Jones (a child) (by her litigation friend Ricky Jones)

Defendant

Joshua Pead

Defendant

The Estate of Lisa Jones Deceased (represented by Joshua Pead)

Defendant

Adam Pead

Defendant

GWCA Solicitors Limited

Defendant

Procedural Posture

Probate/trusts – Costs Application / Costs Judgment Following Trial and Joinder of Non Party for Costs

Legal Issues

  1. 1 Whether GWCA (as successor to BBMW) should bear the costs of the claim, including rectification and construction claims, as a non-party under section 51 of the Senior Courts Act 1981
  2. 2 Whether the costs should be apportioned between rectification and construction claims and to what extent GWCA is responsible for each

Ratio Decidendi

GWCA (as successor to BBMW) is to pay 60% of all parties' costs of the total claim, to be assessed if not agreed, because BBMW's conduct and omissions significantly contributed to the circumstances giving rise to both the rectification and construction claims, and it is just and fair in all the circumstances for GWCA to bear this proportion of costs.

Court Disposition

Application for non-party costs order against GWCA granted in part; GWCA or its insurers to pay 60% of all parties' costs of the total claim, to be assessed if not agreed.

Orders

  • GWCA or its insurers to pay 60% of all parties' costs of the total claim, to be assessed if not agreed.
  • If costs not agreed by 4pm on 5 January 2024, written submissions to be filed and exchanged by 4pm on 12 January 2024.