Jones v Longley & Ors [2015] EWHC 3362 (Ch) (20 November 2015)

Jones v Longley & Ors [2015] EWHC 3362 (Ch) (20 November 2015)

Claimant acted reasonably and in estate's best interests in bringing proceedings; First Defendant's conduct in litigation was unreasonable. Claimant entitled to recover costs from First Defendant on standard basis, and from estate on indemnity basis to extent not recovered. First Defendant not entitled to recover costs from estate.

Citation
[2015] EWHC 3362 (Ch)
Parties
Claimant: Peter Malcolm Jones; First Defendant: David Charles Longley; Second Defendant: Richard Longley; Third Defendant: Jane Eagers
Jurisdiction
England and Wales
Judgment Date
20 November 2015
Procedural Posture
Part 8 Claim (chancery, Probate) / Costs Judgment Following Removal of Executor
Outcome
Claimant's costs to be paid by First Defendant on standard basis; to extent not recovered, costs recoverable from estate on indemnity basis. No order as against Second and Third Defendants.
Legal Topics
Removal of Executor, Costs in Estate Litigation, Administration of Justice Act 1985 S.50, Civil Procedure Rules Part 46, Personal Representative Indemnity
Probate Trusts and Estates Civil Procedure Removal of Executor Costs in Estate Litigation Administration of Justice Act 1985 S.50 Civil Procedure Rules Part 46 Personal Representative Indemnity

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Parties

Peter Malcolm Jones

Claimant

David Charles Longley

First Defendant

Richard Longley

Second Defendant

Jane Eagers

Third Defendant

Procedural Posture

Part 8 Claim (chancery, Probate) / Costs Judgment Following Removal of Executor

Legal Issues

  1. 1 Whether costs should be paid by estate or parties personally
  2. 2 Whether conduct of parties was reasonable in litigation
  3. 3 Entitlement to indemnity for costs from estate

Ratio Decidendi

Claimant acted reasonably and in estate's best interests in bringing proceedings; First Defendant's conduct in litigation was unreasonable. Claimant entitled to recover costs from First Defendant on standard basis, and from estate on indemnity basis to extent not recovered. First Defendant not entitled to recover costs from estate.

Court Disposition

Claimant's costs to be paid by First Defendant on standard basis; to extent not recovered, costs recoverable from estate on indemnity basis. No order as against Second and Third Defendants.

Orders

  • First Defendant to pay Claimant's costs of claim on standard basis.
  • Claimant entitled to recover costs from estate on indemnity basis if not recovered from First Defendant.