header-logo header-logo

Law digests: 15 September 2023

15 September 2023
Issue: 8040 / Categories: Case law , In Court , Law digest
printer mail-detail

Appeal

Bowser v Smith [2023] EWCA Civ 923, [2023] All ER (D) 106 (Aug)

The Court of Appeal, Civil Division, dismissed an appeal from a cost decision of a judge. A dispute had come before the judge on the hearing of an application for interim relief in proceedings brought by the claimant, one of the original executors of a will seeking the removal of the other executor. With some encouragement from the judge, an agreement was quickly reached. Both original executors of the will were removed and replaced with an independent administrator. The question of costs remained outstanding and in dispute. The judge made a costs order adverse to the claimant. The judge felt that the claimant’s conduct in bringing and pursuing the proceedings had not been a reasonable and proper exercise of his powers as personal representative. The claimant appealed with six grounds of appeal. The costs order had fallen comfortably within the wide scope of the judge’s discretion, and the claimant had been unable to show that, in all the circumstances, it had produced a result which was ‘manifestly unjust’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll