Jarrom & Anor v Sellars [2007] EWHC 1366 (Ch) (24 April 2007)

Jarrom & Anor v Sellars [2007] EWHC 1366 (Ch) (24 April 2007)

Special circumstances justified making no order as to costs because both parties could have acted more reasonably to avoid litigation: the defendant should have withdrawn the caveat after disclosure, but the claimants should have engaged in a meeting to explore settlement before issuing proceedings.

Citation
[2007] EWHC 1366 (Ch)
Parties
Claimant: Jarrom; Claimant: Shepherd; Defendant: Sellars
Jurisdiction
England and Wales
Judgment Date
24 April 2007
Procedural Posture
Probate Action / Costs Determination After Consent Order for Discontinuance and Grant of Probate
Outcome
No order as to costs; each party to bear their own costs.
Legal Topics
Costs in Probate Actions, Grant of Probate, Caveat Removal, Proprietary Estoppel, Testamentary Capacity, Undue Influence
Probate Civil Procedure Costs in Probate Actions Grant of Probate Caveat Removal Proprietary Estoppel Testamentary Capacity Undue Influence

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Parties

Jarrom

Claimant

Shepherd

Claimant

Sellars

Defendant

Procedural Posture

Probate Action / Costs Determination After Consent Order for Discontinuance and Grant of Probate

Legal Issues

  1. 1 Whether special circumstances justify a departure from the general rule that costs follow the event in probate actions
  2. 2 Whether the defendant acted reasonably in maintaining the caveat after disclosure of evidence
  3. 3 Whether the claimants acted reasonably in issuing proceedings without further attempts at settlement

Ratio Decidendi

Special circumstances justified making no order as to costs because both parties could have acted more reasonably to avoid litigation: the defendant should have withdrawn the caveat after disclosure, but the claimants should have engaged in a meeting to explore settlement before issuing proceedings.

Court Disposition

No order as to costs; each party to bear their own costs.

Orders

  • No order as to costs.