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DAVID ROBERT PERRINS v (1) RICHARD PHILIP HOLLAND (2) SHARON RUTH MOORE (AS EXECUTORS OF THE ESTATE OF ROBERT PERRINS, DECEASED) (3) ANNE DOONEY

There was no error in a judge's decision to order that a party who had unsuccessfully challenged the validity of a will, and who had refused an offer to settle, should pay his opponent's costs.

13 December 2010

The appellant (P) appealed against a costs order ((2009) EWHC 2558 (Ch)) made in his unsuccessful claim challenging the validity of his late father's will. The first and second respondents were the executors; the third respondent was P's father's carer (D), the beneficiary under the will. P in his claim had raised the issue of his father's testamentary capacity. The judge found that that was a legitimate issue to raise but rejected P's assertion. During the litigation D had made an offer to settle which P had rejected. The trial judge ordered that P, who was in receipt of Legal Services Commission funding, should pay such sum as was reasonable in respect of D's costs pursuant to the Access to Justice Act 1999 s.11, such amount to be determined by a costs judge. P submitted that as the judge had rightly decided that the matter of testamentary capacity required investigation and therefore there should be no order as to costs, he was wrong then to hold that D's offer had been reasonabl...

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