Jim Hester has authored a new case analysis for LexisNexis, examining the recent Senior Courts Costs Office decision in Personal Representatives of the Estate of Maurice Hutson (Deceased) and others v Tata Steel UK Ltd [2025] EWHC 1594 (SCCO).

The case provides important and much-needed clarity on the long-disputed issue of whether the costs of obtaining a grant of probate are recoverable in litigation. In a significant shift from the position previously understood from Mosson v Spousal (London) Ltd – where it was made as a claim for damages - Costs Judge Rowley held that where a grant of probate is obtained solely for the purpose of pursing litigation, the reasonable costs of doing so are recoverable inter partes. The Judgment arose from the British Steel Coke Oven Workers Litigation, where numerous claims were brought by the estates of deceased workers.

The practical implications for practitioners are significant. The decision improves costs recovery for claimants, particularly for estates of modest value, and lowers the evidential bar required to prove the grant was necessary for the claim. For defendants, it narrows the grounds on which they can challenges these costs.

Jim’s full analysis, which covers the background, the court’s decision, and the practical implications in detail, can be read by clicking here.