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England and Wales decisions
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The court, exercising its inherent jurisdiction, found no conclusive evidence of the deceased's wishes and determined that cremation and scattering of ashes in England best reflected the preponderance of family views, the deceased's closest connection, and practical considerations.
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British Camelids Ltd v Brooke Hospital for Animals & Ors [2025] EWHC 2461 (Ch) (03 October 2025)
Costs judgment on a will-construction dispute. The court held the claim was a non-hostile Buckton category 1 or 2 matter and ordered estate costs on the indemnity basis.
Patel v Patel [2025] EWHC 620 (Ch) (14 March 2025)
The High Court ordered both sides’ costs in a funeral-dispute claim to come out of the estate on the indemnity basis and refused permission to appeal.
The High Court ordered both parties’ costs to be paid from the estate on the indemnity basis and refused the defendant permission to appeal.
Rahman v Hassan & Ors (Re Consequential Matters) [2024] EWHC 2038 (Ch) (01 August 2024)
The High Court resolved consequential issues after a donatio mortis causa trial, excluding certain bank accounts, granting limited appeal permission, and awarding costs.
Kapoor v Johal [2024] EWHC 551 (KB) (20 March 2024)
High Court appeal on costs in long-running boundary litigation. The court held earlier strike-out orders silent as to costs barred later appeal costs, but corrected one costs order against the estate.
The High Court allowed a costs appeal in part, setting aside costs orders against the estate on the appeal and varying one costs order to make the estate liable instead of Ashok Kapoor personally.
The assets subject to the donatio mortis causa do not include the 11 bank accounts in Schedule 3 as they were not pleaded; permission to appeal is granted on grounds 2-5 and 8, with conditions; the claimant is entitled to costs on the standard basis before 14 February 2023 and on the indemnity basis thereafter, with interest and an additional amount under CPR 36.17(4); the application to vary the costs budget is dismissed; a payment on account of £259,725.29 plus VAT is ordered within 14 days; the claimant is entitled to an account only in relation to assets given to him; liabilities are join…
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Daley v Hodges [2023] EWHC 3397 (Ch) (20 October 2023)
The High Court apportioned costs of a directions application in an estate dispute, ordering the claimant to bear 65% and the defendant 35% from their shares.
Bowser v Smith & Anor (Re Estate of Ian John Smith) [2023] EWCA Civ 923 (01 August 2023)
Court of Appeal upheld a costs order against a claimant-executor who brought premature removal proceedings without proper pre-action conduct and lost indemnity from the estate.
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