Seymour v Ragley Trust Company Ltd & Anor [2025] EWHC 3400 (Ch) (04 November 2025)

Seymour v Ragley Trust Company Ltd & Anor [2025] EWHC 3400 (Ch) (04 November 2025)

This was a hostile beneficiaries' dispute; the general rule applies and claimant must pay defendants' costs on the standard basis, with trustees entitled to indemnity from trust assets for unrecovered costs. Payments on account are ordered reflecting likely recovery, subject to detailed assessment.

Citation
[2025] EWHC 3400 (Ch)
Parties
Claimant: William Francis Seymour; First Defendant: Ragley Trust Company Limited; Second Defendant: Seymour Trust Company Limited & Others; Family Defendants: Third to Seventh Defendants
Jurisdiction
England and Wales
Judgment Date
04 November 2025
Procedural Posture
Part 8 Claim / Post Judgment Costs Determination
Outcome
Claimant ordered to pay defendants' costs on standard basis, to be assessed if not agreed.
Legal Topics
Trustee Removal, Costs in Trust Litigation, Beneficiaries' Dispute, Trustee Indemnity
Trusts Property Probate Trustee Removal Costs in Trust Litigation Beneficiaries' Dispute Trustee Indemnity

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Parties

William Francis Seymour

Claimant

Ragley Trust Company Limited

First Defendant

Seymour Trust Company Limited & Others

Second Defendant

Third to Seventh Defendants

Family Defendants

Procedural Posture

Part 8 Claim / Post Judgment Costs Determination

Legal Issues

  1. 1 Incidence of costs in hostile trust litigation
  2. 2 Whether costs should be paid from trust assets or by claimant
  3. 3 Appropriate payment on account of costs

Ratio Decidendi

This was a hostile beneficiaries' dispute; the general rule applies and claimant must pay defendants' costs on the standard basis, with trustees entitled to indemnity from trust assets for unrecovered costs. Payments on account are ordered reflecting likely recovery, subject to detailed assessment.

Court Disposition

Claimant ordered to pay defendants' costs on standard basis, to be assessed if not agreed.

Orders

  • Claimant to pay trustee defendants' costs on standard basis.
  • Claimant to pay family defendants' costs on standard basis.