Mussell & Anor v Patience & Anor [2019] EWHC 1231 (Ch) (15 May 2019)

Mussell & Anor v Patience & Anor [2019] EWHC 1231 (Ch) (15 May 2019)

Claimants as executors are entitled to recover from the estate, on an indemnity basis, the balance of their costs not recovered from the defendants, as they acted properly and reasonably in the administration of the estate and did not commit misconduct.

Citation
[2019] EWHC 1231 (Ch)
Parties
Claimant: Anita Doreen Mussell; Claimant: David Keith Williams; Defendant: Christopher Edward Keith Patience; Defendant: Veronica Lesley Patience
Jurisdiction
England and Wales
Judgment Date
15 May 2019
Procedural Posture
Chancery Division Costs Ruling / Post Judgment, Costs Determination
Outcome
Claimants entitled to 80% of their costs from defendants on the standard basis; remaining 20% recoverable from the estate on the indemnity basis.
Legal Topics
Executors' Indemnity, Costs Orders, Trust Disputes, Beneficiaries Disputes
Trusts and Estates Civil Procedure Executors' Indemnity Costs Orders Trust Disputes Beneficiaries Disputes

Case Brief

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Parties

Anita Doreen Mussell

Claimant

David Keith Williams

Claimant

Christopher Edward Keith Patience

Defendant

Veronica Lesley Patience

Defendant

Procedural Posture

Chancery Division Costs Ruling / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether claimants as executors are entitled to indemnity from the estate for costs not recovered from defendants
  2. 2 Whether the costs relating to the distribution account should be paid from the estate on an indemnity basis

Ratio Decidendi

Claimants as executors are entitled to recover from the estate, on an indemnity basis, the balance of their costs not recovered from the defendants, as they acted properly and reasonably in the administration of the estate and did not commit misconduct.

Court Disposition

Claimants entitled to 80% of their costs from defendants on the standard basis; remaining 20% recoverable from the estate on the indemnity basis.

Orders

  • Defendants to pay claimants' costs of the application dated 15 February 2018 on the standard basis, subject to detailed assessment if not agreed.
  • Defendants to pay 80% of claimants' costs of the claim on the standard basis, subject to detailed assessment if not agreed.