Daley v Barton; Barton v Daley

The proceedings between Daley and Barton involved a family provision application and a probate contest, culminating in complex cost orders. The plaintiff, Daley, sought family provision from the estate of his deceased mother. Barton, the defendant, contested the probate of the will and the family provision application. The court was tasked with determining the appropriate allocation of costs between the parties.

The primary legal issues were whether it was appropriate for Barton to continue contesting the claims after receiving a Calderbank offer from Daley and whether Barton's conduct justified an indemnity costs order. The court needed to assess the reasonableness of Barton's conduct in light of the Calderbank offer, which exceeded the amount ultimately ordered to be paid to Daley. The court also had to decide how to allocate the costs of the family provision application between the parties.

The court found that Barton's rejection of the Calderbank offer and his continued contest of the claims were unreasonable and unjustified. The court noted that Barton's actions had unnecessarily prolonged the proceedings and increased the costs for Daley. The court ruled that Barton should pay Daley's costs on an indemnity basis for certain periods, reflecting the unreasonable conduct. The court also ordered that Daley should bear his own costs from certain dates onwards. The final orders included detailed provisions for the allocation of costs between the parties, with specific dates and bases for the indemnity and standard costs orders.

The court's orders included that Barton pay Daley's costs on an indemnity basis for certain periods in the probate and equity claims and that Daley pay his own costs from specific dates. The costs of the family provision application were to be paid by Barton up to a certain date and by Daley thereafter. This comprehensive cost allocation aimed to address the unreasonable conduct and ensure a fair outcome.