Andrew Wilkinson discusses whether this recent CoA ruling could lead to further litigation

The Court of Appeal’s dismissal of the appeal in Hirachand v Hirachand [2021] EWCA Civ 1498is confirmation that successful claimants under the Inheritance (Provision for Family and Dependants) Act 1975 enjoy special treatment when it comes to the recovery of costs, in comparison to litigants in other claims.

However, the ruling was not a clear-cut decision – and the boundaries as to when a success fee is recoverable under the Act are still not entirely clear. In fact, the judgment raises more questions than it answers – which could result in further satellite litigation and make cases harder to settle.

On the face of it, it could be easy to think the decision will open the floodgates to lots of condit...

Andrew Wilkinson
Shakespeare Martineau

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