Pead v Prostate Cancer UK & ors [2023] WTLR 1089

Wills & Trusts Law Reports | Autumn 2023 #192

James Murray McKay (the deceased) left a will dated 3 August 2016 (the will).

Clauses 4.1 – 4.3 of the will were pecuniary legacies to a number of the deceased’s family members (the family members). Clause 4.1 gifted £50,000 each to the deceased’s stepson and wife, clause 4.2 gifted £10,000 to the deceased’s step great-granddaughter, and clause 4.3 gifted £20,000 each to three step grandchildren.

Clauses 4.4 – 4.8 were legacies to a number of charities (the charities). Clauses 4.4 and 4.5 each gifted £2,000 to Macmillan Cancer Support for the benefit of stated causes, claus...

Counterclaims: QOCS – the outer limits

Anthony Johnson reviews the costs position where a defendant pursues an unsuccessful counterclaim ‘Can a claimant (who may or may not have themselves pursued a personal injury claim) recover costs in the ordinary course of events or can the defendant rely upon QOCS protection deriving from their own personal injury claim?’ While the meaning and …
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