Burge v Burge (No. 2)

The case involved a dispute over the distribution of a deceased's estate. The parties were the executors of the deceased's estate, who were also family members. The court was required to determine the legal issues surrounding the costs incurred during the probate litigation. The dispute arose due to the state of the papers left by the deceased, which led to the litigation being brought about.

The central legal issue was whether it was unreasonable for the unsuccessful party not to accept a Calderbank offer. A Calderbank offer is a settlement offer made by one party to another before a trial or hearing, which includes an offer to pay the other party's costs up to a certain date if the offer is not accepted. The court had to determine whether the unsuccessful party's refusal to accept the Calderbank offer was unreasonable and whether it was appropriate to depart from the general rule that costs follow the event.

The court held that it was unreasonable for the unsuccessful party not to accept the Calderbank offer, and that it was appropriate to depart from the general rule that costs follow the event. The court found that the litigation was brought about by the state of the papers left by the deceased, and that the unsuccessful party's refusal to accept the Calderbank offer prolonged the litigation unnecessarily. The court ordered the unsuccessful party to pay the successful party's costs up to the date of the Calderbank offer.