Q&As

A legally represented claimant issues a non-monetary probate claim seeking declaratory relief or a remedy under Part 7 of the Inheritance (Provision for Family and Dependants) Act 1975 proceedings (value less than £10m) against a litigant in person. The claim is allocated to the multi-track at the first case management conference (CMC) but there are no subsequent CMC's, does the claimant have to file a costs budget at any stage in the proceedings?

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Produced in partnership with Oliver Hilton of Radcliffe Chambers
Published on LexisPSL on 06/04/2018

The following Dispute Resolution Q&A Produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • A legally represented claimant issues a non-monetary probate claim seeking declaratory relief or a remedy under Part 7 of the Inheritance (Provision for Family and Dependants) Act 1975 proceedings (value less than £10m) against a litigant in person. The claim is allocated to the multi-track at the first case management conference (CMC) but there are no subsequent CMC's, does the claimant have to file a costs budget at any stage in the proceedings?

Since April 2014, the costs budget regime as contained in Part II of Part 3 which starts at CPR 3.12 will apply to all Part 7 multi-track cases where the money claim is less than £10m or for a non-monetary and the claim form does not contain a statement that the claim is valued at £10m (CPR 3.12(1)). Assuming then that the proceedings were issued after April 2014, it would appear that they are applicable as regards at least the probate claim. Probate claims must be issued using the Part 7 procedure (CPR 57.3(b)). These are automatically allocated to the multi-track (CPR 57.2(4)). Although it will be for non-monetary relief (ie to propound for or against a will or to revoke a grant and/or for a grant of representation), this question notes that the stated value is less than £10m (which must be the assumption if the secondary, Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) claim is also valued less than £10m).

The oddity arises because I(PFD)A 1975 proceedings are also brought by the same Part 7 claim form, whereas the requirement is tha

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