Clare Alison Laird v Catherine Anne Lowder Simcock & Ors.

Clare Alison Laird v Catherine Anne Lowder Simcock & Ors.

Catherine and the daughters are entitled to costs on the indemnity basis as beneficiaries and trustee/executor in an unopposed rectification claim; claimant's conduct does not justify indemnity basis for daughters but does for Catherine. Interim payments ordered at reduced percentages due to disproportionate and excessive costs.

Parties
Claimant: Clare Alison Laird; First Defendant: Catherine Anne Lowder Simcock; Second Defendant: Charlotte Rebecca Simcock; Third Defendant: Elizabeth June Simcock; Fourth Defendant: Gemma Louise Simcock
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Probate/trust Dispute / Post Judgment Costs Determination
Outcome
Costs determined; interim payments ordered; entitlement to recover from estate denied.
Legal Topics
Costs Assessment, Indemnity Basis, Interim Payment, Trustee Costs, Beneficiary Costs
Probate Trusts Civil Procedure Costs Assessment Indemnity Basis Interim Payment Trustee Costs Beneficiary Costs

Case Brief

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Parties

Clare Alison Laird

Claimant

Catherine Anne Lowder Simcock

First Defendant

Charlotte Rebecca Simcock

Second Defendant

Elizabeth June Simcock

Third Defendant

Gemma Louise Simcock

Fourth Defendant

Procedural Posture

Probate/trust Dispute / Post Judgment Costs Determination

Legal Issues

  1. 1 Basis for assessment of costs payable by claimant
  2. 2 Quantum of interim payment on account of costs
  3. 3 Entitlement of Catherine to recover costs from estate if not recovered from claimant

Ratio Decidendi

Catherine and the daughters are entitled to costs on the indemnity basis as beneficiaries and trustee/executor in an unopposed rectification claim; claimant's conduct does not justify indemnity basis for daughters but does for Catherine. Interim payments ordered at reduced percentages due to disproportionate and excessive costs.

Court Disposition

Costs determined; interim payments ordered; entitlement to recover from estate denied.

Orders

  • Claimant to pay Catherine interim payment of £43,596.48 (40% of claimed costs).
  • Claimant to pay daughters interim payment of £45,833 (50% of claimed costs).