Mussell & Anor v Patience & Anor

Mussell & Anor v Patience & Anor

Claimants as executors did not act improperly or unreasonably; they are entitled to recover the balance of their costs (the remaining 20%) from the estate on the indemnity basis, in addition to the 80% payable by defendants under the litigation costs order.

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
Civil / Costs Ruling After Substantive Judgment
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
Executor Indemnity, Costs Orders, Estate Administration
Probate Trusts Civil Procedure Executor Indemnity Costs Orders Estate Administration

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

Civil / Costs Ruling After Substantive Judgment

Legal Issues

  1. 1 Whether claimants as executors are entitled to indemnity for costs from the estate beyond litigation costs order
  2. 2 Whether claimants acted improperly or unreasonably so as to lose indemnity
  3. 3 Classification of dispute as trust dispute or beneficiaries dispute

Ratio Decidendi

Claimants as executors did not act improperly or unreasonably; they are entitled to recover the balance of their costs (the remaining 20%) from the estate on the indemnity basis, in addition to the 80% payable by defendants under the litigation costs order.

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.