Wills & Trusts Law Reports | Summer 2022 #187Sidney Albert Johnston (the deceased) died on 27 March 2017. In prior proceedings, the deceased’s son, Colin Johnston (Colin), had brought a successful claim against the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act claim).
Following trial of the 1975 Act claim, Colin received a lump sum award of £125,000 (the award) and an order for costs.
A point of importance in the 1975 Act claim had been historic litigation between Colin and the deceased. This had resulted in a costs order being ...
Hal Branch reports on a case that establishes that there is no right of set-off for unpaid debts against 1975 Act awards and also takes the stance ‘no costs certificate, no payment’ The Deputy Master found that Cherry would only apply in respect of s2 of the 1975 Act where a claimant in a 1975 …
Continue reading "Costs: The end of Cherry v Boultbee"
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