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 ...
Ryan Bright highlights the implications of a recent Court of Appeal decision ‘The claimant had sought to overturn DJ James’s order by relying on his own failure to comply with the procedural requirements.’ If a personal injury claimant is protected by qualified one-way costs shifting (QOCS) in first instance proceedings, can that claimant also rely …
Continue reading "Costs orders: Does QOCS cover appeals?"
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Do not assume QOCS automatically applies, warns Jasmine Murphy ‘Where a personal injury claim includes claims for other things like car repairs or credit hire for example, QOCS protection is not automatically given.’ It is easy to assume that qualified one-way costs shifting (QOCS) applies automatically to every personal injury case. However the most recent …
Continue reading "Costs orders: QOCS or not?"
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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...
