New Square Chambers members persuade the Supreme Court to make new law on costs orders in probate cases and on CFAs.

19th September 2014

Nicholas Le Poidevin QC and Alexander Learmonth appeared in Marley v Rawlings, the case on switched wills.  Having reversed the Court of Appeal’s judgment and found the will valid, the Supreme Court then ordered that the insurers of the solicitor responsible pay the costs of both sides to the case, thereby short-cutting the need for the estate to bring a negligence claim to recoup its losses arising from an order for costs out of the estate.  The Court also held that the success conditions in the CFAs of counsel on both sides of the case were met, so that even the losing side could recover costs, whilst requiring them to waive their uplift.

Associated Members

Nicholas Le Poidevin QC

Alexander Learmonth

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