Gee, Re The Estate of [2022] EWHC 1590 (Ch) (21 June 2022)

Gee, Re The Estate of [2022] EWHC 1590 (Ch) (21 June 2022)

The applicants are the successful parties and entitled to their costs on the indemnity basis due to the respondents' obstructive conduct, which was outside the norm. The recoverable costs include those incurred in response to the threatened breach as they are incidental to the application. An interim payment of £20,000 is reasonable in the absence of a costs schedule.

Citation
[2022] EWHC 1590 (Ch)
Parties
Claimant/applicant: John Michael Gee; Claimant/applicant: John P Gee & Sons Ltd; Defendant/respondent: The Estate of John Richard Gee; Defendant/respondent: Robert Gee
Jurisdiction
England and Wales
Judgment Date
21 June 2022
Procedural Posture
Costs Application in Proprietary Estoppel Proceedings / Post Judgment, Costs Determination
Outcome
Application granted. Respondents to pay applicants' costs on the indemnity basis, subject to detailed assessment if not agreed. Interim payment of £20,000 ordered.
Legal Topics
Costs, Proprietary Estoppel, Indemnity Costs, Interim Payment, Breach of Court Order
Civil Procedure Equity and Trusts Costs Proprietary Estoppel Indemnity Costs Interim Payment Breach of Court Order

Case Brief

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Parties

John Michael Gee

Claimant/applicant

John P Gee & Sons Ltd

Claimant/applicant

The Estate of John Richard Gee

Defendant/respondent

Robert Gee

Defendant/respondent

Procedural Posture

Costs Application in Proprietary Estoppel Proceedings / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether the applicants are entitled to their costs of the application on the indemnity basis
  2. 2 Whether the scope of recoverable costs includes pre-breach costs
  3. 3 Whether an interim payment on account of costs should be ordered and in what amount

Ratio Decidendi

The applicants are the successful parties and entitled to their costs on the indemnity basis due to the respondents' obstructive conduct, which was outside the norm. The recoverable costs include those incurred in response to the threatened breach as they are incidental to the application. An interim payment of £20,000 is reasonable in the absence of a costs schedule.

Court Disposition

Application granted. Respondents to pay applicants' costs on the indemnity basis, subject to detailed assessment if not agreed. Interim payment of £20,000 ordered.

Orders

  • Respondents to pay applicants' costs of and incidental to the application on the indemnity basis, subject to detailed assessment if not agreed.
  • Respondents to pay £20,000 on account of those costs by 4 PM on 4 August 2022.