Laird v Lowder Simcock & Ors (Costs) [2022] EWHC 2293 (Ch) (04 October 2022)

Laird v Lowder Simcock & Ors (Costs) [2022] EWHC 2293 (Ch) (04 October 2022)

The claimant's careless execution of the Deed and subsequent conduct justified depriving her of indemnity for costs and ordering her to pay the defendants' costs; recoverable costs are limited to those of and incidental to the claim, not including costs for preparation/execution of the Deed or unrelated disputes.

Citation
[2022] EWHC 2293 (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
04 October 2022
Procedural Posture
Rectification Claim (trust/estate) / Costs Judgment Following Dismissal of Main Claim
Outcome
Claimant deprived of indemnity; claimant ordered to pay defendants' costs of the claim.
Legal Topics
Trustee Indemnity for Costs, Rectification of Deeds, Costs Orders in Estate Litigation
Trusts and Estates Civil Procedure Trustee Indemnity for Costs Rectification of Deeds Costs Orders in Estate Litigation

Case Brief

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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

Rectification Claim (trust/estate) / Costs Judgment Following Dismissal of Main Claim

Legal Issues

  1. 1 Whether the claimant trustee is entitled to indemnity for costs from the estate
  2. 2 Whether the claimant should pay the defendants' costs
  3. 3 Scope of recoverable costs in trust/estate litigation

Ratio Decidendi

The claimant's careless execution of the Deed and subsequent conduct justified depriving her of indemnity for costs and ordering her to pay the defendants' costs; recoverable costs are limited to those of and incidental to the claim, not including costs for preparation/execution of the Deed or unrelated disputes.

Court Disposition

Claimant deprived of indemnity; claimant ordered to pay defendants' costs of the claim.

Orders

  • Claimant to pay defendants' costs of and incidental to the claim, assessed on the indemnity basis.
  • Claimant not entitled to be indemnified by the estate for her own costs.