John Duncan Grierson v Robert James Grierson

John Duncan Grierson v Robert James Grierson

The claimant was the successful party on all key issues and beat his own Part 36 offer; the defendant's conduct was unreasonable and outside the norm, justifying indemnity costs. The enhanced costs consequences of CPR 36.17(4) apply, including indemnity costs from 2 April 2024, interest at 10% above base rate, and an additional sum of 10% of the costs awarded. A payment on account of £160,000 plus VAT is appropriate.

Parties
Claimant: John Duncan Grierson; Defendant: Robert James Grierson
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Probate/trusts Dispute / Judgment on Costs and Form of Order After Trial
Outcome
Claimant awarded costs on the indemnity basis, with enhanced costs consequences under CPR 36.17(4); payment on account ordered.
Legal Topics
Validity of Wills, Appointment of Administrators, Costs Consequences of Part 36 Offers, Indemnity Costs, Assessment of Costs
Probate Trusts Civil Procedure Validity of Wills Appointment of Administrators Costs Consequences of Part 36 Offers Indemnity Costs Assessment of Costs

Case Brief

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Parties

John Duncan Grierson

Claimant

Robert James Grierson

Defendant

Procedural Posture

Probate/trusts Dispute / Judgment on Costs and Form of Order After Trial

Legal Issues

  1. 1 Whether the 2020 Will should be admitted to probate and clause 1 included
  2. 2 Whether the 2022 Will is valid
  3. 3 Whether the Declaration of Trust is void

Ratio Decidendi

The claimant was the successful party on all key issues and beat his own Part 36 offer; the defendant's conduct was unreasonable and outside the norm, justifying indemnity costs. The enhanced costs consequences of CPR 36.17(4) apply, including indemnity costs from 2 April 2024, interest at 10% above base rate, and an additional sum of 10% of the costs awarded. A payment on account of £160,000 plus VAT is appropriate.

Court Disposition

Claimant awarded costs on the indemnity basis, with enhanced costs consequences under CPR 36.17(4); payment on account ordered.

Orders

  • Costs on the indemnity basis from 2 April 2024 in favour of the claimant
  • Interest on those costs at 10% above base rate