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Costs in Estate
Matters
The Judges are
concerned at the relatively high costs which are being run up in litigation
involving estates, particularly where there are a number of separately
represented parties. In the past the
Court has often as a matter of course tended to allow costs as between
solicitor and client on the full Supreme Court scale to all parties out of the
estate. Practitioners are reminded that
the Court will exercise its general discretion as to costs under Rule 101.01 as
appropriate in the circumstances of a particular case, but having particular
regard to:
1. ordering costs against parties who have
not succeeded;
2. ordering costs in the light of whatever
offers have been made under Rules 40 and 41;
3. not giving full costs to separately
represented parties where they could have properly been jointly represented;
4. awarding less than full costs where the
amount in issue is relatively small.
DATED the 1st day of
November, 1993.
(David
Royle)
REGISTRAR
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