Green v Astor & Ors [2013] EWHC 1857 (Ch) (28 June 2013)

Green v Astor & Ors [2013] EWHC 1857 (Ch) (28 June 2013)

Where a beneficiary's unreasonable conduct causes substantial costs in an application for directions by a trustee or personal representative, the court may order those costs to be borne by that beneficiary personally, departing from the general rule that costs are paid out of the estate.

Citation
[2013] EWHC 1857 (Ch)
Parties
Claimant/applicant: Christine Mary Green; Defendant/respondent: Richard Joseph Astor; Defendant/respondent: Timothy Michael Maitland; Defendant/respondent: Christopher James Maitland; Defendant/respondent: Phillipa Jane Graham; Defendant/respondent: Michael Henry Gartside Neville; Defendant/respondent: Battersea Dogs Home; Defendant/respondent: Kidney Research UK
Jurisdiction
England and Wales
Judgment Date
28 June 2013
Procedural Posture
Part 8 Claim (chancery, Estate Administration) / Post Trial Judgment on Costs
Outcome
Costs apportioned: Mrs Green to bear her own and Mr Astor's costs referable to Tomlin Order claim (15%); Mr Astor to pay 85% of Mrs Green's costs for Partition Agreement and third parties claims; costs to be set off; standard basis applies.
Legal Topics
Costs in Estate Administration, Beddoe Applications, Trustee Indemnity, Beneficiary Conduct, Partition Agreements
Trusts and Estates Civil Procedure Costs in Estate Administration Beddoe Applications Trustee Indemnity Beneficiary Conduct Partition Agreements

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Parties

Christine Mary Green

Claimant/applicant

Richard Joseph Astor

Defendant/respondent

Timothy Michael Maitland

Defendant/respondent

Christopher James Maitland

Defendant/respondent

Phillipa Jane Graham

Defendant/respondent

Michael Henry Gartside Neville

Defendant/respondent

Battersea Dogs Home

Defendant/respondent

Kidney Research UK

Defendant/respondent

Procedural Posture

Part 8 Claim (chancery, Estate Administration) / Post Trial Judgment on Costs

Legal Issues

  1. 1 Whether costs of application should be borne by estate or by opposing beneficiary
  2. 2 Appropriateness of retrospective court approval for Tomlin Order
  3. 3 Administrator's authority under Swiss law to enter Partition Agreement

Ratio Decidendi

Where a beneficiary's unreasonable conduct causes substantial costs in an application for directions by a trustee or personal representative, the court may order those costs to be borne by that beneficiary personally, departing from the general rule that costs are paid out of the estate.

Court Disposition

Costs apportioned: Mrs Green to bear her own and Mr Astor's costs referable to Tomlin Order claim (15%); Mr Astor to pay 85% of Mrs Green's costs for Partition Agreement and third parties claims; costs to be set off; standard basis applies.

Orders

  • Mrs Green to bear 15% of her own costs and 15% of Mr Astor's costs (Tomlin Order claim).
  • Mr Astor to pay 85% of Mrs Green's costs (Partition Agreement and third parties claims).