Jurisdiction(s):
United Kingdom

Jassal v Shah: I(PFD)A 1975 awards cannot include provision for claimant’s litigation costs; costs determined separately under CPR; misconduct deductions considered (High Court, England and Wales)

Published on: 04 October 2024

Published by a LexisNexis Private Client expert

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Jassal v Shah [2024] EWHC 2214 (Ch) What are the practical implications of this case?

With practitioners still waiting for the Supreme Court’s decision on whether success fees can be recovered under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), the High Court has resolved a different, perhaps unexpected, issue that strikes at the core of costs. May an I(PFD)A 1975 claimant receive an allowance for their legal costs within the substantive award? The court’s response is an emphatic ‘no’: costs fall to be determined later, via a distinct process. Yet James Pickering KC, acting as a Deputy High Court Judge, plainly recognised the troubling ramifications of that conclusion. More than ten years have passed since Mr Justice Briggs (as he then was) voiced a ‘real sense of unease’ in Lilleyman v Lilleyman [2012] EWHC 1056 (Ch) about the contrived separation of costs in this sphere, particularly when contrasted with the more integrated approach that prevailed until the Family Procedure Rules (‘FPR’). The difficulty persists: an order intended to meet an applicant’s needs can subsequently be eroded, or even undone, by a later costs order. The judgment also offers assistance, although that aspect was not...

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