Jarrom & Anor v Sellars

Jarrom & Anor v Sellars

Special circumstances existed due to the parties’ conduct and failure to resolve matters through meetings, justifying no order as to costs.

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 and Discontinuance
Outcome
No order as to costs.
Legal Topics
Costs, Caveat, Testamentary Capacity, Undue Influence, Proprietary Estoppel
Probate Civil Procedure Costs Caveat Testamentary Capacity Undue Influence Proprietary Estoppel

Case Brief

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Jarrom

Claimant

Shepherd

Claimant

Sellars

Defendant

Procedural Posture

Probate Action / Costs Determination After Consent Order and Discontinuance

Legal Issues

  1. 1 Whether special circumstances justify departure from the general rule on costs in probate actions
  2. 2 Whether the defendant had reasonable grounds to oppose the grant of probate after disclosure
  3. 3 Whether the parties acted reasonably in their conduct and attempts to resolve the dispute

Ratio Decidendi

Special circumstances existed due to the parties’ conduct and failure to resolve matters through meetings, justifying no order as to costs.

Court Disposition

No order as to costs.

Orders

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