Jonathan Henry Leonard & Ors v Margaret Rose Leonard & Ors
[2024] EWHC 979 (Ch)
John Duncan Grierson v Robert James Grierson
27 November 2024
[2024] EWHC 3048 (Ch)
High Court
A court case about a will resulted in the older will being valid and the newer one invalid. The person who won the case was given all their legal fees back by the person who lost, because the loser acted unreasonably during the case.
Key Facts
- •Will dispute between John Duncan Grierson (Claimant) and Robert James Grierson (Defendant).
- •Claimant challenged the validity of the 2022 Will and a Declaration of Trust.
- •Court upheld the 2020 Will, declared the 2022 Will invalid, and voided the Declaration of Trust.
- •Defendant consented to the appointment of Freeths LLP as an independent administrator.
- •Claimant made a Part 36 offer which was not accepted.
- •Claimant sought indemnity costs.
Legal Principles
General rule in CPR 44.2(2)(a): Successful party usually recovers costs.
CPR 44.2(2)(a)
Exceptions to the general rule on costs liability (discussed in Leonard v Leonard [2024] EWHC 979 (Ch) at [13]).
Leonard v Leonard [2024] EWHC 979 (Ch)
Assessment of Part 36 offers in non-money claims (Lamport v Jones [2023] EWHC 667 (Ch)).
Lamport v Jones [2023] EWHC 667 (Ch)
CPR 36.17(4): If a judgment is at least as advantageous as a claimant's Part 36 offer, the court must order specified consequences unless unjust.
CPR 36.17(4)
Indemnity costs may be awarded if the case is 'taken out of the norm' due to unreasonable conduct (Excelsior Commercial & Industrial Holdings Ltd v Salisbury Homer Aspden & Johnson (Costs) [2002] EWCA Civ 879; Esure Services Ltd v Quarcoo [2009] EWCA Civ 595; Franks v Sinclair (Costs) [2006] EWHC 3656 (Ch); Burgess v Lejonvarn [2020] EWCA Civ 114).
Excelsior Commercial & Industrial Holdings Ltd v Salisbury Homer Aspden & Johnson (Costs) [2002] EWCA Civ 879; Esure Services Ltd v Quarcoo [2009] EWCA Civ 595; Franks v Sinclair (Costs) [2006] EWHC 3656 (Ch); Burgess v Lejonvarn [2020] EWCA Civ 114
Outcomes
Defendant to pay Claimant's costs.
Claimant was the successful party on all key issues.
Claimant entitled to indemnity costs from 2 April 2024, interest on those costs, and an additional 10% of the costs awarded.
Claimant's judgment was at least as advantageous as their Part 36 offer, and it was not unjust to apply CPR 36.17(4).
Claimant awarded indemnity costs prior to 2 April 2024.
Defendant's conduct was unreasonable and outside the ordinary and reasonable conduct of proceedings.
Payment on account of £160,000 plus VAT awarded to the Claimant.
Reflects approximately 80% of the Claimant's incurred costs, considering the undefended nature of the claim and the reduced trial time.