Julie Anne Morton v Simon Nigel Morton & Anor

Julie Anne Morton v Simon Nigel Morton & Anor

Julie was the successful party overall, particularly in the first and most significant phase of the litigation. She is entitled to 50% of her costs up to 26 April 2022, with no order as to costs thereafter. Julie's Part 36 offer was at least as advantageous as the judgment, but it would be unjust to award her the full costs consequences under CPR 36.17(4) for the entire period after the offer expired. She is entitled to interest at 1% over base rate on the judgment sum from 14 June 2021 to 30 August 2022 and an additional sum of £75,000, but not indemnity costs or interest on costs. Simon and Alison's Part 36 offer does not trigger cost consequences against Julie as it would be unjust...

Parties
Claimant: Julie Anne Morton (as executrix of the estate of Jennifer Ruth Morton Deceased); Defendant: Simon Nigel Morton; Defendant: Alison Mary Morton
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Partnership/probate/property / Costs Ruling Following Trial, Post Appeal
Outcome
Claimant awarded 50% of her costs up to 26 April 2022, no order as to costs thereafter; claimant entitled to interest and an additional sum under CPR 36.17(4)(a) and (d) for a limited period; no indemnity costs or interest on costs; no cost consequences in favour of defendants under their Part 36 offer.
Legal Topics
Costs, Partnership Dissolution, Proprietary Estoppel, Part 36 Offers, Interest on Partnership Assets, Declaratory Relief, Counterclaim, Specific Performance
Civil Procedure Partnership Law Equity Probate Costs Partnership Dissolution Proprietary Estoppel Part 36 Offers +4 more

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Parties

Julie Anne Morton (as executrix of the estate of Jennifer Ruth Morton Deceased)

Claimant

Simon Nigel Morton

Defendant

Alison Mary Morton

Defendant

Procedural Posture

Civil Partnership/probate/property / Costs Ruling Following Trial, Post Appeal

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 How should costs be apportioned given mixed success?
  3. 3 What are the consequences of the parties' respective Part 36 and Calderbank offers?

Ratio Decidendi

Julie was the successful party overall, particularly in the first and most significant phase of the litigation. She is entitled to 50% of her costs up to 26 April 2022, with no order as to costs thereafter. Julie's Part 36 offer was at least as advantageous as the judgment, but it would be unjust to award her the full costs consequences under CPR 36.17(4) for the entire period after the offer expired. She is entitled to interest at 1% over base rate on the judgment sum from 14 June 2021 to 30 August 2022 and an additional sum of £75,000, but not indemnity costs or interest on costs. Simon and Alison's Part 36 offer does not trigger cost consequences against Julie as it would be unjust...

Court Disposition

Claimant awarded 50% of her costs up to 26 April 2022, no order as to costs thereafter; claimant entitled to interest and an additional sum under CPR 36.17(4)(a) and (d) for a limited period; no indemnity costs or interest on costs; no cost consequences in favour of defendants under their Part 36 offer.

Orders

  • Simon and Alison to pay Julie 50% of her costs of the proceedings (including Claim and Counterclaim) up to 26 April 2022, assessed on the standard basis.
  • Simon and Alison to make an interim payment on account of such costs in the sum of £100,000.