costs – Law Journals

Schedule 1: Welfare widely construed

Rebekah King and Emma Whitehead discuss the approach to liabilities and childcare costs in high-net-worth Sch 1 cases In the context of a Sch 1 application claw-back orders as to costs are unusual, but are eminently within the discretion of the judge in the circumstances of the case. In G v W [2022], the key …

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Will disputes: The recalcitrant executor

Barny Croft and Louise Corfield consider Pegler v McDonald, the case that has something for everyone The court deemed that its findings added up to a ‘comprehensive disqualification for [the defendant’s] being concerned in the fiduciary administration of assets for the benefit of other people’. If you have not read the case of Pegler v …

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Costs: Out of the ordinary

Harry White discusses the court’s approach in domestic abuse cases to the costs arising from a contact centre in facilitating contact between the perpetrator of the abuse and the child There must be a very strong presumption against a victim of domestic abuse paying for the costs of contact and if, wholly exceptionally, the court …

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Probate claims: Caution advised when ‘assisting’ litigants in person

The most recent appeal in Rea v Rea has lessons on the procedure to be adopted in helping unrepresented parties present their case at trial in probate claims, a scenario which is becoming more and more common. Lewis Addison explains The judges considered the error made was such that a retrial was necessary, even though …

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Costs: The end of Cherry v Boultbee

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 …

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Costs: Action not to be taken lightly

Laura Abbott sets out the key principles concerning costs and contentious probate proceedings Any claim should be approached on the basis that costs follow the event. Parties must therefore be willing, and able, to pay their own costs and those of their opponent if they are unsuccessful. Goodwin v Avison [2021] is a useful précis …

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Inheritance: What is financial need?

Sophia Rogers looks at a decision illuminating the position on the recovery of CFA success fees in Inheritance Act 1975 awards Unless a CFA-funded claimant can recover their success fee or a contribution thereto as part of their award, the success fee constitutes a debt which may undermine the purpose of their carefully tailored, needs-based …

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Financial provision: Under the radar?

Amy Baugh suggests that the family courts may be subverting the strict considerations applicable to costs orders when dealing with debts arising from legal costs There is no rule requiring an analysis of a needs-based award of unpaid legal fees against the principles applicable to an actual costs order and such a comparison would serve …

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Schedule 1: All in the past?

Rebecca Stone analyses legal costs orders involving both historic and future costs The judgment in Re Z highlights the importance of solicitors applying for legal funding as early as possible, considering what credit, if any, they are prepared to extend to a client, and making it clear to clients from the outset they will cease …

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