Court costs

Birdwatcher123

In the recent case of Elliot v Simmonds [2016] EWHC 962 (Ch) the High Court has ordered the daughter challenging a Will to pay the Claimant’s legal fees of more than £65,000. This gives a warning that courts will make costs orders against parties who pursue weak Will challenges.

Does any know whether the Claimants legal fees would include everything including Solicitors fees
preparing for Court and also the fee charged by the Claimants Barrister? Thanks

AnotherJoe

The judgement says court costs incurred past a particular date are payable (the date being, the point at which the claimant "should" have realised they were on a loser). So if those costs or some if them occurred before that date, no.

Personally I thought it was a somewhat harsh judgement and the solicitor drawing up the will should have borne a large part of the blame for enabling grounds for a challenge, on two counts.
1. Having a close personal relationship with the testator and going ahead with what would obviously be a contentious will when it could be possible he was the person creating undue influence.
2. For not getting medical evidence at the time (which the judge acknowledged but then ignored !)

YoungBlueEyes

Do high court cases set precedents?

Birdwatcher123

In my case I hope so!!
The above ruling has helped charities be more confident in going to court( whereas before they would have been scared off) and not allow disgruntled family members to act obstructively who now will likely have to pay all costs

da_rule

YoungBlueEyes wrote: »

Do high court cases set precedents?

The decision will bind lower courts (Tribunals, County Courts, Magistrates Courts and Crown Courts only in the case of the High Court).

The decision does not bind higher courts (Court of Appeal and Supreme Court), nor does it bind the High Court. Therefore, a higher court could reverse the decision either on appeal or in relation to a difference case. Likewise, if a similar case came before the High Court in the future they wouldn't have to follow their earlier decision.

AnotherJoe

IANAL but it seemed to me a very specific judgement that didn't really provide any precedent other than it stating that costs were payable by the claimant once you proceed past the point its "obvious" you are going to lose, but what that point is could be contentious itself.

YoungBlueEyes

A while ago someone posted that x courts set precedents but y courts don't, but I couldn't remember which way round it was. I think we were talking about the Heather Ilott v a charity.... Anyway thanks da_rule

TBagpuss

Birdwatcher123 wrote: »

In the recent case of Elliot v Simmonds [2016] EWHC 962 (Ch) the High Court has ordered the daughter challenging a Will to pay the Claimant’s legal fees of more than £65,000. This gives a warning that courts will make costs orders against parties who pursue weak Will challenges.

Does any know whether the Claimants legal fees would include everything including Solicitors fees
preparing for Court and also the fee charged by the Claimants Barrister? Thanks

For the dates covered, it would include all those things. However, costs have to be agreed, failing which they can be assessed by the court, which may award a lower amount (if, for instance, if the claimant had put in the bill that they had spent 5 hours drafting papers, a judge could say (in effect) that it ought not to have taken that long, and that she will only allow 3 hours)