John Michael Gee & Anor v The Estate of John Richard Gee & Anor

John Michael Gee & Anor v The Estate of John Richard Gee & Anor

The applicants were the successful parties in the application for relief for breach of court order, and the respondents' conduct was outside the norm, justifying indemnity costs. The costs should include those incurred in response to the threat of breach, and an interim payment of £20,000 is appropriate despite the absence of a costs schedule.

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
Civil (property, Trusts and Probate) / Costs Ruling Following Application for Relief for Breach of Court Order
Outcome
Applicants awarded costs of and incidental to the application on the indemnity basis, subject to detailed assessment if not agreed.
Legal Topics
Costs, Indemnity Costs, Breach of Court Order, Proprietary Estoppel
Civil Procedure Property Law Trusts and Probate Costs Indemnity Costs Breach of Court Order Proprietary Estoppel

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

Civil (property, Trusts and Probate) / Costs Ruling Following Application for Relief for Breach of Court Order

Legal Issues

  1. 1 Whether the applicants are entitled to costs of the application for breach of court order
  2. 2 Whether costs should be assessed on the indemnity basis
  3. 3 Scope of recoverable costs and payment on account

Ratio Decidendi

The applicants were the successful parties in the application for relief for breach of court order, and the respondents' conduct was outside the norm, justifying indemnity costs. The costs should include those incurred in response to the threat of breach, and an interim payment of £20,000 is appropriate despite the absence of a costs schedule.

Court Disposition

Applicants awarded costs of and incidental to the application on the indemnity basis, subject to detailed assessment if not agreed.

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.