Price v Saundry [2019] EWHC 1039 (Ch) (25 March 2019)

Price v Saundry [2019] EWHC 1039 (Ch) (25 March 2019)

No order as to costs for the discontinued trustee removal application due to lack of determination or settlement; claimant awarded costs of the account and rectification applications against the first defendant; first defendant retains indemnity from the trust fund for her own costs and adverse costs orders except for rectification costs, as no misconduct was found; Part 36 consequences apply but do not affect trustee indemnity absent misconduct.

Citation
[2019] EWHC 1039 (Ch)
Parties
Claimant: Pauline Ann Price; First Defendant: Valerie Ann Saundry; Second Defendant: Geraldine Sanders (as executrix of Martin Gordon Sanders, deceased)
Jurisdiction
England and Wales
Judgment Date
25 March 2019
Procedural Posture
Chancery Division Property, Trusts and Probate / Post Trial Costs Judgment
Outcome
Costs judgment: no order as to costs for removal application; claimant awarded costs of account and rectification applications against first defendant; first defendant retains indemnity from trust fund except for rectification costs; Part 36 consequences apply.
Legal Topics
Trustee Removal, Trust Accounting, Rectification of Trust Deeds, Costs Orders, Trustee Indemnity, Part 36 Offers
Trusts Property Law Civil Procedure Trustee Removal Trust Accounting Rectification of Trust Deeds Costs Orders Trustee Indemnity +1 more

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Parties

Pauline Ann Price

Claimant

Valerie Ann Saundry

First Defendant

Geraldine Sanders (as executrix of Martin Gordon Sanders, deceased)

Second Defendant

Procedural Posture

Chancery Division Property, Trusts and Probate / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether costs should be awarded in respect of a discontinued trustee removal application
  2. 2 Who should bear the costs of an account in common form between beneficiary and trustee
  3. 3 Whether the trustee is entitled to indemnity from the trust fund for her own costs and adverse costs orders

Ratio Decidendi

No order as to costs for the discontinued trustee removal application due to lack of determination or settlement; claimant awarded costs of the account and rectification applications against the first defendant; first defendant retains indemnity from the trust fund for her own costs and adverse costs orders except for rectification costs, as no misconduct was found; Part 36 consequences apply but do not affect trustee indemnity absent misconduct.

Court Disposition

Costs judgment: no order as to costs for removal application; claimant awarded costs of account and rectification applications against first defendant; first defendant retains indemnity from trust fund except for rectification costs; Part 36 consequences apply.

Orders

  • No order as to costs for the removal application between claimant and first defendant.
  • First defendant to pay claimant's costs of the account in common form, on the indemnity basis from expiry of the Part 36 offer, with interest at 4% over base rate.