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17 January 2008 / Peter Hungerford-welch
Issue: 7304 / Categories: Legal News , Public , Profession , Wills & Probate
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Law Digest: 18 January 2008

Wills

Kostic v Chaplin [2007] EWHC 2909 (Ch), [2007] All ER (D) 119 (Dec)

 

The costs of a contentious probate action are within the discretion of the court, applying CPR Pts 43 and 44. The general rule (CPR 44.3(2)(a)) is that the unsuccessful party will be ordered to pay the costs of the successful party. In contentious probate actions, however, two long-established exceptions have survived the introduction of the CPR: (i) if a person who made a will, or people who are interested in the residue, have been the cause of the litigation, a case is made out for the costs to come out of the estate; and (ii) if the circumstances lead, reasonably, to an investigation of the matter, the costs could be left to be borne by those who had incurred them.

Issue: 7304 / Categories: Legal News , Public , Profession , Wills & Probate
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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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