David Sawtell analyses recent caselaw on Part 36 ‘There is a tension between the natural inclination to make a proportionate costs order where a party has lost on discrete issues and the prescriptive nature of Part 36.’Practitioners frequently debate tactics and strategy when negotiating the litigation and settlement of claims. One of the most important …
Continue reading "Part 36: Humble offerings"
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The Court of Appeal case of Thomas v Jeffery reminds practitioners that even late disclosure does not fetter a judge’s discretion on costs. Laurie Scher reports ‘Thomas v Jeffery [2012] is now an important authority on the way that a trial judge should approach costs in Inheritance Act claims, and on the limited relevance of …
Continue reading "Inheritance Act 1975 Claims: Counting the cost"
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Wills & Trusts Law Reports | January/February 2013 #126The appellant (Richard) had successfully brought an application for reasonable financial provision from the estate of his late father. This had been initially expressed as a family provision and proprietary estoppel claim for some 50% of the deceased’s estate. The proprietary estoppel claim was dropped but the level of provision claimed under the Inheritance (Provision for Family and Dependants) Act 1975 remained unaltered.
Richard provided little information on his financial position until directed to do so by the recorder at trial. This late disclosure proved the...
