PT-2022-BRS-000087 - [2025] EWHC 2609 (Ch)

This is my judgment on costs in this matter, the Substantive Judgment (as I shall refer to it) having been circulated as long ago as December 2024 (and handed down in January 2025). There was initial difficulty in listing the costs and consequentials hearing due to unavailability of Counsel, followed by an extended period of medical leave on my part. The costs and consequentials hearing took place on 17 July 2025.

It is assumed that the reader has read the Substantive Judgment and so no introduction to the case is to be given here. The starting point, however, is to bear in mind that Keith died in March 2020. I refer to his will, the subject of the substantive dispute as “the Will”.

I am grateful to Counsel for their written skeleton arguments, the contents of which I have fully taken into account, as well as their oral submissions.

Although Ms John, Counsel for the Claimant, addressed the court first at the hearing, it is acknowledged by all that Mr McKean’s applications and submissions are those that run against the normal operation of CPR Part 44 and so in the interests of reducing the length of this judgment (though not entirely successful) I shall set out his submissions first.