Laird v Simcoc & Ors [2022] EWHC 3237 (Ch) (14 December 2022)

Laird v Simcoc & Ors [2022] EWHC 3237 (Ch) (14 December 2022)

Catherine and the daughters are entitled to costs on the indemnity basis as trustee/executor and beneficiaries in an unopposed rectification claim; interim payments are ordered at reduced percentages due to disproportionate and excessive costs; no further indemnity from estate for Catherine beyond costs ordered...

Source-derived case information.

Citation
[2022] EWHC 3237 (Ch)
Parties
Claimant: Clare Alison Laird; First Defendant: Catherine Anne Lowder Simcock; Second Defendant: Charlotte Rebecca Simcock; Third Defendant: Elizabeth June Simcock; Fourth Defendant: Gemma Louise Simcock
Jurisdiction
England and Wales
Judgment Date
14 December 2022
Procedural Posture
Property Trusts and Probate / Post Judgment Determination of Costs and Interim Payments
Outcome
Costs assessed on indemnity basis; interim payments ordered; no further indemnity from estate for Catherine.
Legal Topics
Indemnity Costs, Assessment of Costs, Trustee Costs, Beneficiary Costs, Interim Payment of Costs
Trusts Probate Costs Indemnity Costs Assessment of Costs Trustee Costs Beneficiary Costs Interim Payment of Costs

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Parties

Clare Alison Laird

Claimant

Catherine Anne Lowder Simcock

First Defendant

Charlotte Rebecca Simcock

Second Defendant

Elizabeth June Simcock

Third Defendant

Gemma Louise Simcock

Fourth Defendant

Procedural Posture

Property Trusts and Probate / Post Judgment Determination of Costs and Interim Payments

Legal Issues

  1. 1 Basis for assessment of costs payable by claimant
  2. 2 Quantum of interim payment on account of costs
  3. 3 Entitlement of trustee/executor to recover costs from estate

Ratio Decidendi

Catherine and the daughters are entitled to costs on the indemnity basis as trustee/executor and beneficiaries in an unopposed rectification claim; interim payments are ordered at reduced percentages due to disproportionate and excessive costs; no further indemnity from estate for Catherine beyond costs ordered against claimant.

Court Disposition

Costs assessed on indemnity basis; interim payments ordered; no further indemnity from estate for Catherine.

Orders

  • Claimant to pay Catherine interim payment of £43,596.48 (40% of claimed costs).
  • Claimant to pay daughters interim payment of £45,833 (50% of claimed costs).