header-logo header-logo

Law Digest: 18 January 2008

17 January 2008 / Peter Hungerford-welch
Issue: 7304 / Categories: Legal News , Public , Profession , Wills & Probate
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll