Ashton v Pratt (No 2)

The dispute in *Ashton v Pratt (No 2)* concerned an appeal and cross-appeal regarding costs orders made in earlier proceedings. The parties involved were the first respondent, who was the successful party in the earlier proceedings, and the second and third respondents, along with their tutor, Liam Kelly. The proceedings before the Court of Appeal involved a cross-appeal by the second and third respondents and their tutor.

The primary legal issue before the Court of Appeal was whether costs orders should be made against the second and third respondents and their tutor, Liam Kelly, in relation to the cross-appeal. This involved considering the circumstances under which costs orders might be made against children and their tutors, and the principles governing costs orders against joined parties, particularly where the successful party had unsuccessfully opposed a joinder application but the joined party had not sought costs against them in earlier proceedings.

The Court of Appeal applied established principles regarding costs. It drew an analogy between the principle that where a testator has caused a problem, the estate should bear the costs, and cases where a party reasonably raises an issue relating to the affairs of a testator for investigation. The court ultimately determined that the second and third respondents and their tutor should bear the costs of the cross-appeal, reflecting the outcome of the appeal and the specific circumstances of the proceedings.

The Court of Appeal dismissed the cross-appeal. It ordered that the second and third respondents and their tutor, Liam Kelly, pay the first respondent’s costs of the cross-appeal, with an exclusion for the costs associated with a specific motion filed on 23 October 2013 and determined on 18 November 2013.