Price v Saundry

Price v Saundry

No order as to costs is made for the abandoned trustee removal application as the court cannot determine success or failure. The claimant is awarded costs of the account proceedings and rectification application against the first defendant, with indemnity costs and enhanced interest (4% over base rate) from the expiry of the successful Part 36 offer. The first defendant retains her indemnity from the trust fund for her own and adverse costs, including after the Part 36 offer, except for the rectification application, where she is deprived of indemnity. The second defendant neither pays nor receives costs.

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
Civil (trusts/probate) / Costs Judgment Following Trial and Post Judgment Submissions
Outcome
Costs orders made as follows: no order for removal application; claimant awarded costs of account and rectification applications against first defendant; indemnity costs and enhanced interest from expiry of Part 36 offer; first defendant deprived of indemnity for rectification application costs only; second...
Legal Topics
Trustee Removal, Trust Accounting, Rectification of Trust Deed, Costs Orders, Trustee Indemnity, Part 36 Offers
Trusts Probate Civil Procedure Trustee Removal Trust Accounting Rectification of Trust Deed 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

Civil (trusts/probate) / Costs Judgment Following Trial and Post Judgment Submissions

Legal Issues

  1. 1 Whether any party should pay costs for the abandoned trustee removal application
  2. 2 Who should bear the costs of the trust account proceedings
  3. 3 Who should bear the costs of the rectification application

Ratio Decidendi

No order as to costs is made for the abandoned trustee removal application as the court cannot determine success or failure. The claimant is awarded costs of the account proceedings and rectification application against the first defendant, with indemnity costs and enhanced interest (4% over base rate) from the expiry of the successful Part 36 offer. The first defendant retains her indemnity from the trust fund for her own and adverse costs, including after the Part 36 offer, except for the rectification application, where she is deprived of indemnity. The second defendant neither pays nor receives costs.

Court Disposition

Costs orders made as follows: no order for removal application; claimant awarded costs of account and rectification applications against first defendant; indemnity costs and enhanced interest from expiry of Part 36 offer; first defendant deprived of indemnity for rectification application costs only; second...

Orders

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