Edel Marie Magee & Ors v John Wade Crocker & Ors

Edel Marie Magee & Ors v John Wade Crocker & Ors

Mr Crocker is to pay 90% of the Fitzpatrick Trustees’ costs of the claim and counterclaim, assessed on the standard basis, with interest at 2% per annum until the order and 8% thereafter. The Trustees must pay Mr Crocker’s costs of the Amendment Application. Mr Crocker must pay Mr Fitzpatrick’s costs of the Part 20 Claim on the standard basis, not indemnity, with the same interest. Payments on account are ordered for both the Trustees (£400,000) and Mr Fitzpatrick (£385,723.14).

Parties
Claimant: Edel Marie Magee, Siobhan Mary Ferguson, Ciara Melanie Pryce, Donna Marian Powell (as Trustees of the Fitzpatrick Family Discretionary Settlement); First Defendant: John Wade Crocker; Second Defendant: Pedham Place Golf Club Limited; Third Party: Camelot Trust Corporation Limited; Fourth Party: Matthew John Fitzpatrick
Jurisdiction
England and Wales
Judgment Date
20 September 2024
Procedural Posture
Civil (chancery Division) / Post Trial Costs Judgment
Outcome
Costs orders made as specified; payments on account ordered.
Legal Topics
Costs, Amendment of Pleadings, Interest on Costs, Indemnity Vs Standard Basis, Declaratory Relief
Civil Procedure Trusts Law Company Law Costs Amendment of Pleadings Interest on Costs Indemnity Vs Standard Basis Declaratory Relief

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Parties

Edel Marie Magee, Siobhan Mary Ferguson, Ciara Melanie Pryce, Donna Marian Powell (as Trustees of the Fitzpatrick Family Discretionary Settlement)

Claimant

John Wade Crocker

First Defendant

Pedham Place Golf Club Limited

Second Defendant

Camelot Trust Corporation Limited

Third Party

Matthew John Fitzpatrick

Fourth Party

Procedural Posture

Civil (chancery Division) / Post Trial Costs Judgment

Legal Issues

  1. 1 Who should bear the costs of the claim and counterclaim between the Fitzpatrick Trustees and Mr Crocker?
  2. 2 On what basis should costs be assessed (standard or indemnity)?
  3. 3 What is the appropriate payment on account of costs?

Ratio Decidendi

Mr Crocker is to pay 90% of the Fitzpatrick Trustees’ costs of the claim and counterclaim, assessed on the standard basis, with interest at 2% per annum until the order and 8% thereafter. The Trustees must pay Mr Crocker’s costs of the Amendment Application. Mr Crocker must pay Mr Fitzpatrick’s costs of the Part 20 Claim on the standard basis, not indemnity, with the same interest. Payments on account are ordered for both the Trustees (£400,000) and Mr Fitzpatrick (£385,723.14).

Court Disposition

Costs orders made as specified; payments on account ordered.

Orders

  • Fitzpatrick Trustees to pay Mr Crocker’s costs of the Amendment Application, standard basis, with interest at 2% per annum until order and 8% thereafter.
  • Mr Crocker to pay Fitzpatrick Trustees 90% of their costs of the claim and counterclaim, standard basis, with interest at 2% per annum until order and 8% thereafter.