High Court Costs Judgment Highlights Key Principles in Probate Litigation
We welcome the delivery of a significant High Court costs judgment by Ms. Justice Egan in Murphy v Butler & Ors [2026] IEHC 421, a decision of particular importance to practitioners in contentious probate litigation.
Our Head of Litigation, Sinead O’Boyle, acted for the Plaintiff in proceedings which resulted in three substantial judgments. We extend our sincere thanks to counsel, Peter Bland SC and Helen O’Sullivan BL, for their expertise and contribution throughout the case.
Key Takeaways from the Judgment
In this judgment, the High Court undertook a detailed review of the applicable principles governing costs in probate disputes. The judgment underscores several critical considerations for parties engaged in such litigation, including
The potential adverse costs consequences of failing to accept a reasonable Calderbank offer
The risks associated with not engaging in meaningful settlement discussions, particularly where invited by the Court
The importance of resolving disputes in a manner that does not disproportionately erode the value of the estate
Court’s Emphasis on Proportionate Dispute Resolution
A central theme of the judgment is the Court’s strong stance against unnecessary and protracted litigation in probate matters. Ms. Justice Egan emphasised that parties should not assume that estates will invariably bear the costs of disputes, particularly where litigation is conducted unreasonably.
As noted by the Court:
“Estates and families should not be destroyed because of a perception that in any construction suit every party has a ‘free run’ and the estate will pick up the tab. This is an approach to probate litigation which it should be the policy and practice of the court to discourage. Rather courts should encourage parties to act reasonably, to follow good advice and to consider settlement.” (para. 30)
A Valuable Reminder for Practitioners and Parties
This decision serves as an important reminder that costs remain a key mechanism through which the courts promote efficient, proportionate and constructive dispute resolution. Parties are encouraged to approach probate litigation pragmatically, to heed professional advice, and to actively consider settlement at an early stage.
Full text of judgement available at: https://www2.courts.ie/acc/alfresco/de5d034a-380b-46fb-a2a6-8d283033aa8e/2026_IEHC_421.pdf/pdf#view=fitH
