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20 November 2009
Issue: 7394 / Categories: Case law , Law digest
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Costs

Perrins v Holland and others [2009] EWHC 2558 (Ch), [2009] All ER (D) 124 (Nov)

It was established law that a positive case had to be made for departing from the general rule that the successful party was entitled to his costs. Under CPR 44.3(4) the court had to have regard to all the circumstances, including the conduct of all the parties and whether a party had succeeded on part of his case, even if he had not been wholly successful.

Further, under CPR 44.3(5), the court had to consider the conduct of the parties, which included whether it was reasonable to raise, pursue or contest a particular allegation or issue; the manner in which a party had pursued or defended his case or a particular allegation or issue; and whether a claimant who had succeeded in his claim had exaggerated his claim.

Moreover, in contested probate cases there were two recognised exceptions to the general rule that an unsuccessful party should pay the successful party’s costs, namely: (i) if a person who had made a will, or

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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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