Fielden v Christie-Miller & ors [2015] EWHC 2940 (Ch)

Wills & Trusts Law Reports | December 2015 #155

This hearing was part of the dispute over the succession to the Swyncombe Estate in Oxfordshire (see also [2015] WTLR 1165, [2015] EWHC 752 (Ch)). This hearing concerned three applications by Stephen Christie-Miller (Stephen) to re-plead his case.

The estate, which consists of land in and Swyncombe, is in two parts. One part is held upon the trusts of a settlement dated 18 February 1976 (the settlement) executed by Charles Wakefield Christie-Miller (Charles). The other part is held upon the trusts declared by the will of Charles’ son, William John Christie-Miller dated 15 Ma...

Civil Procedure: Relief in sight

Georgina Squire investigates a recent decision dealing with relief from sanctions ‘Practitioners should be adopting a common-sense approach in relation to what amounts to a “good reason” for failing to file and serve an acknowledgment of service on time.’ The recent decision in Hockley v North Lincolnshire and Goole NHS Foundation Trust [2014] is an …
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Kershaw v Roberts & anr [2014] EWHC 1037 (Ch)

Wills & Trusts Law Reports | October 2014 #143

This hearing was an appeal from a decision of His Honr Judge Philip in which that judge found that an earlier hearing in the matter had not been a case management conference (CMC) and that therefore the respondent defendants were under no obligation to file and serve a costs budget seven days in advance of it. The claimant had contended that the earlier hearing had been a CMC and renewed that submission in the current hearing. The claimant’s submissions raised general issues as to whether the first hearing in a Part 8 claim, alternatively the first directions hearing, in such a cla...

Civil Procedure: At who’s expense?

Nicholas Lee offers valuable first-hand insight into costs management ‘The first test to be applied is whether the litigation can be conducted justly and at a proportionate cost without a costs management order. If the answer is yes, the judge can elect not to make a costs management order.’ By now many readers will have …
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Civil Procedure: Case Management Orders – when will a costs judge depart from them?

Peter Kirby QC, a High Court costs assessor, provides guidance on how to ensure you recover your costs ‘The imperative is to try and get the budget right the first time and, if necessary, during the course of the litigation to have the same revised in the light of changing circumstances.’ Billy Joel once sang, …
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Bentine v Bentine [2013] EWHC 3098 (Ch)

Wills & Trusts Law Reports | March 2014 #137

This appeal concerned the one-fifths rule contained in s70 of the Solicitors Act 1974. That rule provides that if a solicitor’s costs bill is reduced by more than one-fifth at detailed assessment, the costs of that assessment will be borne by that solicitor. If there are special circumstances, the rule may be disapplied under s70 (10) of the Act.

The original action was a claim issued in the Central London County Court by a mother against her daughter, Miss Bentine, for the court to determine their respective equitable interests in certai...

Civil Procedure: Slip of the mind

Ron Cheriyan examines recent developments in the setting aside of default judgments ‘The potential for judgments to be set aside is a very real prospect that should not be underestimated. As more cases are issued in bulk, it is not difficult for institutions to lose track of individual claims.’To obtain judgment in default is to …
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Civil Procedure: Stand and deliver

Peter Jansen contemplates recent case law on injunctive relief ‘Sirius International Insurance Co v FAI General Insurance Ltd & ors and Simon Carves Ltd v Ensus UK Ltd demonstrated that an unjustified call on an on demand bond cannot be stopped without proof of fraud.’Historically, English courts were reluctant to injunct banks from paying unjustified …
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