Shovelar & Ors v Lane & Ors

Shovelar & Ors v Lane & Ors

The general rule that costs follow the event applies to this Chancery action for a constructive trust arising from mutual wills; the probate exception does not apply. The executors are not entitled to indemnity from the estate for their own costs or liability for claimants’ costs because they did not maintain...

Source-derived case information.

Parties
Appellant: Roy Shovelar; Appellant: Andrew Shovelar; Appellant: Susan Kelly; Appellant: David Shovelar; Appellant: Adele Shovelar; Appellant: Amy Shovelar; Respondent: Sidney Peter Lane; Respondent: Alfred Huddlestone Stokes; Respondent: Anthony Donald Walker; Respondent: Eileen Bramwell; Respondent: Jane Walker; Respondent: Teresa Stallwood; Respondent: Kelly Stallwood
Jurisdiction
England and Wales
Judgment Date
12 July 2011
Procedural Posture
Civil Appeal / Judgment on Appeal From Costs Order
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Costs, Mutual Wills, Constructive Trust, Probate Practice, Part 36 Offers
Civil Procedure Trusts and Succession Costs Mutual Wills Constructive Trust Probate Practice Part 36 Offers

Source-derived case record

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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Roy Shovelar

Appellant

Andrew Shovelar

Appellant

Susan Kelly

Appellant

David Shovelar

Appellant

Adele Shovelar

Appellant

Amy Shovelar

Appellant

Sidney Peter Lane

Respondent

Alfred Huddlestone Stokes

Respondent

Anthony Donald Walker

Respondent

Eileen Bramwell

Respondent

Jane Walker

Respondent

Teresa Stallwood

Respondent

Kelly Stallwood

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Costs Order

Legal Issues

  1. 1 Whether the general rule that costs follow the event applies or whether the probate exception applies by analogy in mutual wills/constructive trust litigation; whether executors are entitled to indemnity from the estate for their own costs and liability for claimants’ costs; whether indemnity costs and interest should be awarded under CPR 36.14; whether the interim payment on account of costs was appropriate

Ratio Decidendi

The general rule that costs follow the event applies to this Chancery action for a constructive trust arising from mutual wills; the probate exception does not apply. The executors are not entitled to indemnity from the estate for their own costs or liability for claimants’ costs because they did not maintain neutrality or seek directions but engaged in adversarial litigation. The claimants are entitled to indemnity costs and interest from the date of their first Part 36 offer, as it would not be unjust to apply CPR 36.14. The interim payment on account of costs should be increased to £50,000.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • Defendants to pay claimants’ costs, assessed on standard basis up to 30 March 2009 and on indemnity basis thereafter, with interest at 3.5% above base rate from 30 March 2009.
  • No indemnity from the estate for executors’ own costs or liability for claimants’ costs.