Wills & Trusts Law Reports | Winter 2022 #189In an earlier judgment (p1351 of this edition), the court had dismissed the main claim seeking rectification of a deed of appointment made by the claimant and first defendant as executors and trustees of a will trust. The claimant’s position was that there should be no order as to costs, but the court should order that she be indemnified from the estate in respect of her costs. The claimant was neutral in respect of whether the court should order the defendants’ costs be paid out of the estate. The first defendant sought an order that the claimant pay her costs and submitted that the cla...
Yes, but the relevance of the inquest is key, says Anthony Searle ‘Despite the difficulties that are frequently encountered by families in their search for funding, Fullick is a reminder that it is possible for the bereaved to recover inquest costs.’ Costs are a vitally important consideration at all stages of personal injury litigation, including …
Continue reading "Costs: Recovering inquest costs in successful civil claims – is it possible?"
This post is only available to members.
Andrew Beck and Gwendoline Davies provide an update on pre-action costs ‘Issuing merely protective proceedings that, in all likelihood, will never be pursued, or issuing tactically to put pressure on a defendant to settle what might not necessarily be a very strong claim, could give rise to liability to pay the defendant’s pre-action costs.’A recent …
Continue reading "Costs: Ours not to count the cost"
This post is only available to members.
Wills & Trusts Law Reports | September 2015 #152This was the hearing of an application for strike out of a Part 20 claim or alternatively summary judgment in favour of the defendants where the underlying proceedings related to two separate trusts: a settlement of land and other assets created on 18 February 1967 by Charles (the settlement) and a will dated 15 March 1998 of Charles’s son, John, who died on 20 December 2004 (the will fund).
The claimant in the underlying proceedings had sought declaratory relief regarding the construction of a March 2007 deed, alternatively rectification of it, whereby the trustees of the will fu...
Andrew Bennetts sets out the issues surrounding the recovery of costs for coroner inquests ‘The issue of recovery of the costs of an inquest remain far from clear cut. What is not in dispute is that the costs of attending the inquest are recoverable.’The costs of an inquest within civil proceedings has long been an …
Continue reading "Inquests: It’s a prong story"
This post is only available to members.
Shilpa Shah explains how withdrawing a premature case can still lead to a costs order ‘The case of Clydesdale Bank plc v Kinleigh Folkard & Hayward [2014] has firmly brought the risk of adverse cost consequences to mind and may have much wider ranging implications in personal injury cases in respect of claims which are …
Continue reading "Costs In Issue: Issuing protective proceedings – a pre-emptive strike or friendly fire?"
This post is only available to members.
In his concluding article David Schmitz discusses the legal position for charitable trustees faced with a gagging clause ‘If a charity was to bind itself thus, its trustees would necessarily and improperly be fettering the powers which they possess for the advancement of the purposes of the charity, and would be committing the charity to …
Continue reading "Charities: Power to voice?"
This post is only available to members.
Michael Morton reviews recent arguments on security for costs ‘A successful application for security can kill off a claim as the claimant struggles to put together the funds to meet the security requirements together with the funds needed for their own costs.’Even with a strong body of rules, regulations, guidance and case law, judicial decisions …
Continue reading "Practice: A balancing act"
This post is only available to members.
