Wills & Trusts Law Reports | Autumn 2022 #188On 10 February 2022 judgment was delivered on a claim brought under Part 8 of the Civil Procedure Rules in relation to issues which had arisen in the administration of the estates of Angela and John Dunbabin. The main issue related to the question whether they had severed their beneficial joint tenancy, so as to hold the legal title to their residence upon trust for themselves as tenants in common in equal shares, with the result that on the death of Angela her half share devolved according to the terms of her will instead of passing automatically by survivorship to John. The cl...
Simon Gibbs advises how to approach offers following the revocation of r47.19 ‘The interrelationship between Part 36, “Calderbank” and open offers remains unclear. Clearly a party who succeeds on a Part 36 offer would normally expect to obtain their costs together with the benefits set out in the rule.’ The Jackson costs reforms have introduced …
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Wills & Trusts Law Reports | March 2014 #137This 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...
Matthew Hoe assesses the teething problems that may arise from rolling out the programme nationally ‘In a provisional assessment, the judge must now find his way through the minefield of costs without the assistance of an advocate. The probability that he will reach substantially correct decisions is diminished.’ The county court provisional assessment pilot scheme …
Continue reading "Detailed Assessment: The provisional assessment pilot scheme: going 20% wrong"
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