Raymond Saul & Co (A Firm) v Holden & Anor [2008] EWHC 8565 (Ch) (16 December 2008)

Raymond Saul & Co (A Firm) v Holden & Anor [2008] EWHC 8565 (Ch) (16 December 2008)

Raymond Saul & Co. acted adversarially rather than neutrally in litigation over the residuary estate, lost the argument, and must bear the Trustee's costs personally without recourse to the estates; the estate of Bernard Hemming played no substantive part and should not bear any costs.

Citation
[2008] EWHC 8565 (Ch)
Parties
Claimant: Raymond Saul & Co.; First Defendant: Jolyon Holden (as personal representative of Bernard Leslie Hemming deceased); Second Defendant: Louise Mary Britten (as trustee in bankruptcy of the estate of Bernard Leslie Hemming)
Jurisdiction
England and Wales
Judgment Date
16 December 2008
Procedural Posture
Chancery Division Probate/trusts Costs Determination / Post Judgment Costs Order
Outcome
Trustee's costs to be paid by Raymond Saul & Co. personally, assessed on the standard basis if not agreed, with no recourse to the estates of Bertha or Bernard Hemming.
Legal Topics
Costs Orders, Trustee Neutrality, Executor Duties, Bankruptcy and Estate Administration
Probate Trusts and Estates Bankruptcy Costs Orders Trustee Neutrality Executor Duties Bankruptcy and Estate Administration

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Parties

Raymond Saul & Co.

Claimant

Jolyon Holden (as personal representative of Bernard Leslie Hemming deceased)

First Defendant

Louise Mary Britten (as trustee in bankruptcy of the estate of Bernard Leslie Hemming)

Second Defendant

Procedural Posture

Chancery Division Probate/trusts Costs Determination / Post Judgment Costs Order

Legal Issues

  1. 1 Who should bear the costs of proceedings regarding entitlement to the residuary estate of Bertha Hemming?
  2. 2 Whether Raymond Saul & Co. should be personally liable for the Trustee's costs or entitled to indemnity from the estate(s)?
  3. 3 Whether the estate of Bernard Hemming should bear any part of the Trustee's costs?

Ratio Decidendi

Raymond Saul & Co. acted adversarially rather than neutrally in litigation over the residuary estate, lost the argument, and must bear the Trustee's costs personally without recourse to the estates; the estate of Bernard Hemming played no substantive part and should not bear any costs.

Court Disposition

Trustee's costs to be paid by Raymond Saul & Co. personally, assessed on the standard basis if not agreed, with no recourse to the estates of Bertha or Bernard Hemming.

Orders

  • Raymond Saul & Co. to pay the costs of the Trustee (Louise Mary Britten).
  • Costs to be assessed on the standard basis if not agreed.