Removal of ambiguity

Brennan v Prior and others [2015] EWHC 3082 (Ch), [2015] All ER (D) 119 (Nov) NLJ 20 November 2015

The Chancery Division, allowed the third to sixth defendants’ application under CPR 40.12 seeking clarification or amendment of an order for costs made following the trial of a probate action concerning a will. The amount of the claimant’s personal liability for the costs of the third to sixth defendants under the order was not limited by reference to the amount of her pecuniary legacy. The court exercised its inherent power under CPR 40BPD 4.5 that the order be amended to add words to the order to ensure any ambiguity in the order was removed.