Nicholls v Hall (No 2)

The appeal concerned costs orders made in a family provision claim. The appellant, Nicholls, had sought provision from the estate of the deceased, Hall. The primary judge had made an order for provision, and Nicholls had appealed that decision. The Court of Appeal ultimately awarded Nicholls one-seventh share of the estate.

The central legal issue before the Court of Appeal was whether the costs orders previously made should be altered in light of the outcome of the appeal. Specifically, the court considered the effect of an offer of compromise made at first instance, and the absence of a similar offer on appeal, on the costs of the appeal.

The Court of Appeal reasoned that the offer of compromise made at first instance, which was for a sum greater than the amount Nicholls ultimately received on appeal, did not warrant altering the costs orders. This was because the offer was less than the amount Nicholls would have received had costs not been incurred. Furthermore, the absence of a formal offer of compromise on appeal meant that the usual principles regarding costs in the absence of such an offer applied. The court confirmed the costs orders in favour of the appellant.