Cotterell & anr v Allendale & anr [2020] WTLR 1183

Wills & Trusts Law Reports | Winter 2020

The claimants as trustees of the Allendale 1949 Settlement applied to extend their administrative powers under s57 of the Trustee Act 1925 and the inherent jurisdiction of the court to include a power to re-appropriate assets between the various sub-funds comprised in the settlement, on the ground that they lacked the power under the settlement and it would be expedient for them to have such power in order to effect a certain tax mitigation strategy.

The claimants further applied for other administrative powers which they lacked to be conferred on them, even thou...

Shapton v Seviour (Costs) PT-2019-000475

Wills & Trusts Law Reports | Autumn 2020 #180

The claimant had brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from the estate of her late father, which, under the terms of his will, had passed in its entirety to the defendant.

The defendant was the deceased’s late wife. Shortly subsequent to the death of the deceased, she was diagnosed with Motor Neurone Disease. This had meant that she required assistance in conducting the litigation. The defendant received assistance from a former partner in a large London law firm (Alan Johnson), acting as he...

Costs: Cashflow and the importance of payments on account of costs

Stephen Innes discusses the possibility of obtaining some money in advance of final assessments ‘Thought should be given in advance of the hearing as to the amount of the payment on account of costs which will be sought if successful.’ With the upheaval and uncertainty caused by the coronavirus pandemic, it seems inevitable that there …
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Costs: Recovering inquest costs in successful civil claims – is it possible?

Yes, but the relevance of the inquest is key, says Anthony Searle ‘Despite the difficulties that are frequently encountered by families in their search for funding, Fullick is a reminder that it is possible for the bereaved to recover inquest costs.’ Costs are a vitally important consideration at all stages of personal injury litigation, including …
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Costs: Let’s speculate about misconduct

Paul Jones discusses when it is possible to exit from the Protocol ‘The Master had been speculating but this was based on the available evidence and it could not be said that this was wrong.’ Cases exiting the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol) are a frequent …
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Costs: Assessment of fixed costs: a three-stage process

Paul Jones highlights a recent case that provides helpful guidance in an area where the rules are silent ‘The defendant’s submission was that CPR 36.20 gave rise to a deemed order for costs to be assessed by the court and, the claimant, therefore, should have sought a detailed assessment of those costs.’ One of the …
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Costs: Triumph(ant)?

Giles Tagg and Zak Mehmood report on a recent costs judgment ‘Primus argued that a proportional costs order would be appropriate, submitting that Triumph brought forward three claims, one of which was unreasonably brought and led to identifiable, substantial and severable costs.’ The recent case of Triumph Controls UK Ltd v Primus International Holding Co …
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Costs: What’s interesting about Part 36 offers?

Paul Jones highlights the importance of compliance with the precise wording of Part 36 for an offer to be valid ‘The offer in this case was expressly exclusive of interest and so did not comply with CPR 36.5(4), was not a valid Part 36 offer and, therefore, did not engage the enhanced costs provisions of …
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Costs: Counsel’s fees in fixed costs cases

Paul Jones considers the financial implications of the Court of Appeal’s decision in Aldred ‘The defendant’s submission was that the costs of obtaining an advice for the purposes of an infant approval, whether incurred by the solicitor or counsel, were already included within the fixed costs set out in Table 6B of CPR 45.29C.’ The …
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Gaskin v Chorus Law Limited [2019] EWHC 616 (Ch)

Wills & Trusts Law Reports | Autumn 2019 #176

The claimant ‘C’ and second defendant ‘D2’ were two of the children of the deceased, who appeared to have died intestate in 2012. They appointed a probate company ‘D1’ to administer the estate, who took a grant under a power of attorney from D2 in 2013. By 2016, the estate had not been administered and C believed D2 was living in the deceased’s property, so C issued a claim to remove Ds as administrators and for D2 to pay an occupation rent. D1 consented to be removed, but on terms that its fees would be paid. D2 agreed to D1 being removed, but n...