Costs Protection under CPR r.57.7(5) when proving Wills in Solemn Form: a Sword or a Shield?

Dr. Sarah Egan (NSC) and Liam Brooke (Rothley Law) will evaluate the guidance of HHJ White-Davies KC on costs under CPR 57.7(5) in their recent appeal Judgment in Lumb v Lumb [2023] EWHC 2052 (Ch) and provide helpful insight into the approach to cases where a party is not seeking to raise a positive defence whilst seeking to rely on the costs protection of CPR 57.7(5):

• Liam will set out the background to the case and explain his reasons for taking the relatively unusual approach of applying for Summary Judgment in a Probate Claim;
• Liam will also outline the progress of the matter and briefly discuss the Judgment at first instance and the reasons for the decision not to award the Claimant costs despite having succeeded on the Summary Judgment Application;
• Sarah will review the applicable legal principles and clarify the grounds of appeal on the Summary Judgment Application;
• Sarah will then analyse the approach of the Court and the guidance handed down on the application of CPR r.57.7(5) and the interpretation of “reasonable ground” for the purposes of CPR r.57.7(5)(b) within the Judgment;
• In conclusion Sarah and Liam will provide their views on the guidance and how it can help in practice.