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15 September 2023
Issue: 8040 / Categories: Case law , In Court , Law digest
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Law digests: 15 September 2023

Appeal

Bowser v Smith [2023] EWCA Civ 923, [2023] All ER (D) 106 (Aug)

The Court of Appeal, Civil Division, dismissed an appeal from a cost decision of a judge. A dispute had come before the judge on the hearing of an application for interim relief in proceedings brought by the claimant, one of the original executors of a will seeking the removal of the other executor. With some encouragement from the judge, an agreement was quickly reached. Both original executors of the will were removed and replaced with an independent administrator. The question of costs remained outstanding and in dispute. The judge made a costs order adverse to the claimant. The judge felt that the claimant’s conduct in bringing and pursuing the proceedings had not been a reasonable and proper exercise of his powers as personal representative. The claimant appealed with six grounds of appeal. The costs order had fallen comfortably within the wide scope of the judge’s discretion, and the claimant had been unable to show that, in all the circumstances,

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NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
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