Blades v Isaac & Anor

Blades v Isaac & Anor

The trustees acted in good faith, took and followed specialist legal advice, and offered to seek court directions. Their refusal to disclose was not wholly indefensible or unreasonable, and there was no misconduct. The proceedings could have been brought by the trustees for directions. Therefore, the appropriate order is that the costs of all parties be paid out of the trust fund on the indemnity basis.

Parties
Claimant: Felicity Mary Mackley Blades; First Defendant: Richard Auberon Isaac; Second Defendant: Christopher Allen Alexander
Jurisdiction
England and Wales
Judgment Date
21 March 2016
Procedural Posture
Trust/probate (disclosure of Information) / Judgment on Costs After Disclosure Provided
Outcome
Costs of all parties to be paid out of the trust fund on the indemnity basis.
Legal Topics
Trustee Duties, Disclosure to Beneficiaries, Costs in Trust Litigation, Indemnity From Trust Fund
Trusts and Estates Civil Procedure Trustee Duties Disclosure to Beneficiaries Costs in Trust Litigation Indemnity From Trust Fund

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Parties

Felicity Mary Mackley Blades

Claimant

Richard Auberon Isaac

First Defendant

Christopher Allen Alexander

Second Defendant

Procedural Posture

Trust/probate (disclosure of Information) / Judgment on Costs After Disclosure Provided

Legal Issues

  1. 1 Whether trustees were justified in refusing disclosure of estate and trust accounts to a beneficiary
  2. 2 Whether the costs of the proceedings should be paid by the trustees personally or out of the trust fund
  3. 3 Whether the trustees are entitled to an indemnity from the trust fund for their own and the claimant's costs

Ratio Decidendi

The trustees acted in good faith, took and followed specialist legal advice, and offered to seek court directions. Their refusal to disclose was not wholly indefensible or unreasonable, and there was no misconduct. The proceedings could have been brought by the trustees for directions. Therefore, the appropriate order is that the costs of all parties be paid out of the trust fund on the indemnity basis.

Court Disposition

Costs of all parties to be paid out of the trust fund on the indemnity basis.

Orders

  • Costs of both claimant and defendants to be paid out of the trust fund on the indemnity basis.