Lumb v Lumb [2023] WTLR 1459

Wills & Trusts Law Reports | Winter 2023 #193

This was an appeal against the decision of Deputy District Judge Whitehead dated 13 December 2022, whereby he made no order as to costs but granted the claimant permission to appeal following his successful summary judgment application, by which the claimant had sought and obtained pronouncement in solemn form in favour of the validity of the will of his mother, Ina Margaret Lumb (deceased), and ancillary orders. The learned judge found that the usual costs rule that costs follow the event did not apply because it was displaced by CPR r57.7(5)(b) under which the court would not ...

Elliott v Simmonds (costs) [2016] EWHC 962 (Ch)

Wills & Trusts Law Reports | October 2016 #163

On 7 April 2016 judgment was delivered pronouncing for the force and validity of the will dated 1 February 2012 (2012 will) of Kenneth William Jordan (Mr Jordan) in solemn form of law and ordering that a caveat entered by the first defendant in respect of his estate cease to have effect. The normal rule of costs is that costs follow the event. However, the Court has discretion to make a different order, taking into account, for example, the conduct of the parties. In a contentious probate claim, there are also specific exceptions to the normal rule arising under case law and under the Ci...