The plaintiff had been awarded her costs in a probate action, but had then failed to commence proceedings for taxation in time. When her solicitors did proceed, they gave no notice. She appealed an award of nominal costs only.
Held: Order 3 rule 6 was general in its terms, and applied in such applications also. After a delay of more than three months, she should have given notice of her intention to apply for taxation. This was however only an irregularity. The defendant had been unable to show any prejudice from the delay, and the court would not infer any. The master’s order would be discharged. The solicitors charges on presenting the bill would however be automatically disallowed.
Judges:
Sir Robert Megarry VC
Citations:
[1985] 1 All ER 757, [1985] 1 WLR 599
Jurisdiction:
England and Wales
Cited by:
Cited – Pelling v Pelling CA 15-Jan-1997
The appellant wished to appeal orders for costs made against him in family proceedings. The respondent had filed her bill of costs out of time, with no explanation of the delay. He contended that there was no foundation for the court to exercise its . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Costs
Updated: 28 May 2022; Ref: scu.182891
