Spiers v English
Jurisdiction | England & Wales |
Year | 1907 |
Date | 1907 |
Court | Probate, Divorce and Admiralty Division |
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122 cases
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Shovelar and Others v Lane and Others
...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......
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Stephen John Culliford v Jocelyn Thorpe
...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......
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Kostic v Chaplin and Others
...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......
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3 books & journal articles
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Table of Cases
...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, ......
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Procedure
...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......
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Undue Influence
...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......