Spiers v English

JurisdictionEngland & Wales
Year1907
Date1907
CourtProbate, Divorce and Admiralty Division
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122 cases
  • Shovelar and Others v Lane and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 July 2011
    ...above rules have recommended themselves for adoption." 33 That rule has since held sway: see, for example, Twist v Tye [1902] P. 92 and Spiers v English [1907] P. 122 where the President Sir Gorrell Barnes said this at p. 123: "In deciding questions of costs one has to go back to the prin......
  • Stephen John Culliford v Jocelyn Thorpe
    • United Kingdom
    • Chancery Division
    • 2 October 2018
    ...is much narrower than might be supposed. It is not a “general” rule in probate cases at all. It was expressed by Sir Gorell Barnes P in Spiers v English [1907] P 122 in these terms: “In deciding questions of costs one has to go back to the principles which govern cases of this kind. One of......
  • Kostic v Chaplin and Others
    • United Kingdom
    • Chancery Division
    • 17 December 2007
    ...and to make a “different order” pursuant to sub-paragraph (2)(b). 5 The two exceptions were stated as follows by Sir Gorell Barnes P in Spiers v English [1907] P 122 at 123: “In deciding questions of costs one has to go back to the principles which govern cases of this kind. One of those pr......
  • Mccauley v Mccauley
    • Australia
    • High Court
    • Invalid date
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3 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...352 90–91, 97 Southwell v Blackburn [2014] EWCA Civ 1347, [2015] Fam Law 530, [2015] WTLR 147, [2014] HLR 736 162, 179 Spiers v English [1907] P 122, 76 LJP 28, 96 LT 582, PD&A 87, 225 Sprackling v Sprackling [2008] EWHC 2696 (Ch), [2009] WTLR 897, [2008] All ER (D) 55 (Nov) 118, 123, 124, ......
  • Procedure
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...importance principle’, will result in an order for the costs of the unsuccessful party to be paid out the estate (see Spiers v English) [1907] P 122 at 123). (h) In looking at the ‘cause of the litigation it is not necessary to identify moral fault or culpability, at least so far as the con......
  • Undue Influence
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...A word of warning, however: this contention should not be made unless there are reasonable grounds to support it (see Spiers v English [1907] P 122 at 124), nor should it be relied on as an indirect way of contending that the gift was obtained as a result of fraud. However, where the will o......

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