Elliott v Simmonds (costs) [2016] EWHC 962 (Ch)
October 2016 #163On 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...