Lumb v. Lumb [2023]: Successful Appeal on Costs where no reasonable grounds to challenge Will under CPR r. 57.7(5)

Reference: CH-2022-LDS-000014

Date: 9 August 2023

Court: High Court

Executive Summary: Judgment was handed down from the High Court today, in Lumb v. Lumb [2023] EWHC 2052 (Ch).

The Appellant succeeded in his Appeal where no order was made for costs following a successful summary judgment application to pronounce the Will of his late mother in solemn form, where the Respondent had sought to rely on the costs protection of CPR r.57.7(5) by giving notice that he was not raising a positive case and was seeking to cross-examine the attesting witness.

The Judgment provides helpful guidance 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).

Dr. Sarah Egan was instructed by Liam Brooke of Rothley Law (formerly of Shoosmiths LLP)

Practice Area: Trusts, Wills & Estates