Mishcon de Reya acted on a no-win no-fee arrangement for Christine Gill, the university lecturer who won the legal battle against the RSPCA over her mother’s will.
Gill instructed Mishcon partner Mark Keenan to challenge the validity of her mother’s will, in which a £2m family farm was left to the RSPCA, arguing that it had been promised to her.
Keenan instructed 5 Stone Buildings barrister Tracey Angus to argue that her client’s mother Joyce Gill, who died in 2006, had been coerced into leaving the farm to the charity by her husband John Gill.
The hearing ran on longer than the two weeks that were anticipated, forcing Christine Gill to consider dropping the case. Mishcon agreed it would continue to act for her on a conditional fee arrangement (CFA) basis.
The RSPCA, which was given leave to appeal, has now made an application for legal costs in a move that Angus described as ”astonishing”.
Wilsons partner Peter Steer instructed XXIV Old Buildings’ Elspeth Talbot-Rice QC to act for the RSPCA.
Readers' comments (5)
Anonymous | 21-Oct-2009 10:36 am
The farm is presumably a source of income, Christine Gill surely wouldn't want it as a keepsake for sentimental reasons. The RSPCA is a charity relying on gifts, like the farm, to fund its operations.
If a source of your income was in jeopardy you'd take reasonable steps to protect it wouldn't you? Given that the RSPCA, an organisation which relies on charity to address other people's problems, is now out-of-pocket because of it's attempt to defend its expected income, would it not be reasonable to request that it's costs to defend that lost potential income be offset by the entity that will now acquire that new income in the future?
What does barrister Tracey Angus really think is astonishing? I'm astonished that she claims astonishment...
Unsuitable or offensive? Report this comment
Anonymous | 21-Oct-2009 1:46 pm
My understanding was that the whole basis of the application surrounded the fact that Christine Gill was promised the family farm and she wanted to take over running it - of course she wants to keep it for sentimental reasons! Costs would primarily come out of the estate which would mean that the farm would have to be sold and she ends up with nothing; a lose/lose for all except the solicitors! The costs arguments must now surround the P36 offer which the RSPCA made and Ms Gill beat at trial.
Unsuitable or offensive? Report this comment
Anonymous | 7-Feb-2010 10:01 pm
We are all encouraged to make a will but this case has made a nonsense of the whole concept.
I do not want any barrister and judge to make changes to my will after I am deceased because adults who omit their children from a will have a reason(s) for doing so. Although many parents are unlikely to inform their children of their intention whilst they are still alive.
Claims of this type are inappropriate after the parent is deceased and can no longer speak for him or herself. The childrens' allegations can be invented!
Christine Gill has done rather well for herself.
This case has made a mockery of a will.
Unsuitable or offensive? Report this comment
Sage99 | 8-Jun-2010 5:09 pm
It appears to me that the judge has ignored the written wishes expressed in the will of the mother and dispensed the estate according to his.
If the mother had wished to change it she could, and would, have done so.
In my opinion this case has made a mockery of a will, and brings HM courts, and law, into disrepute.
Unsuitable or offensive? Report this comment
anon | 7-Aug-2010 0:15 am
this women was promised the farm her dad forced her mum to sign the will leaving the farm to the rspca so now this well respcted chrity resorts to bullying in order to get a farm it never really had
Unsuitable or offensive? Report this comment