Richard Dahlman v Beverly Allison Oxley & Anor

Richard Dahlman v Beverly Allison Oxley & Anor

The Applicant made clear representations that costs would not be sought if the will file was provided voluntarily. The Respondents relied on these representations and complied. Despite the Respondents' unreasonable delay, the Applicant's representations preclude an award of costs. No order as to costs is made.

Parties
Applicant: Richard Dahlman; First Respondent: Beverly Allyson Oxley; Second Respondent: The Partners in the firm of Palmers Solicitors Kingston Upon Thames LLP
Jurisdiction
England and Wales
Judgment Date
13 November 2025
Procedural Posture
Application for Pre Action Disclosure / Costs Determination Following Compliance
Outcome
No order as to costs
Legal Topics
Pre Action Disclosure, Costs, Executor Conduct, Larke V Nugus Requests
Probate Trusts Civil Procedure Pre Action Disclosure Costs Executor Conduct Larke V Nugus Requests

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Parties

Richard Dahlman

Applicant

Beverly Allyson Oxley

First Respondent

The Partners in the firm of Palmers Solicitors Kingston Upon Thames LLP

Second Respondent

Procedural Posture

Application for Pre Action Disclosure / Costs Determination Following Compliance

Legal Issues

  1. 1 Whether costs should be awarded for an application for pre-action disclosure
  2. 2 Whether executors are entitled to recover costs from the estate when acting unreasonably

Ratio Decidendi

The Applicant made clear representations that costs would not be sought if the will file was provided voluntarily. The Respondents relied on these representations and complied. Despite the Respondents' unreasonable delay, the Applicant's representations preclude an award of costs. No order as to costs is made.

Court Disposition

No order as to costs

Orders

  • No costs awarded to either party
  • Costs not to be paid out of the estate