21st January, 2025

Norman Lamb successful in a rare High Court application to compel a will draftsperson's attendance for cross-examination and recover costs - Addison & Anor -v- Niaz [2024] EWHC 3124 (Fam)

In Addison & Anor -v- Niaz [2024] EWHC 3124 (Fam), the High Court made a costs order against a solicitor who was the subject of a summons to attend court for cross-examination under s.122 Senior Courts Act 1981. The judgment acts as a reminder to the profession that Larke -v- Nugus requests are designed to obtain pre-claim disclosure and avoid legal costs being wasted, therefore should be promptly and properly responded to. The background to the case featured a dispute as to the validity of a deceased's will. The Chief Chancery Master found that the delays were lamentable and deemed the Respondent's eventual response to be unsatisfactory.

Norman Lamb was instructed by Lucy Scurfield and John Lambe of Forbes Solicitors.
Click here for the judgment.



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