Hanspaul & Anor v Ward & Ors [2016] EWHC 1358 (Ch) (13 June 2016)

Hanspaul & Anor v Ward & Ors [2016] EWHC 1358 (Ch) (13 June 2016)

A fair determination of costs can be achieved without a trial or cross-examination, using written evidence and oral submissions, given the overriding objective of proportionality and the absence of unresolved substantive issues.

Citation
[2016] EWHC 1358 (Ch)
Parties
Claimant: Sutinder Kaur Hanspaul; Claimant: Sandeep Singh Hanspaul; Defendant: David Raymond Ward; Defendant: Jasvinder Singh Gill; Defendant: Karen Michelle Du Rocher; Defendant: John Vincent Brassington; Defendant: Jamie Stephenson; Defendant: Jatinder Singh Sehmi; Defendant: Rochmills Limited; Defendant: John Wearing; Defendant: Donna Marie Holmes
Jurisdiction
England and Wales
Judgment Date
13 June 2016
Procedural Posture
Chancery Division Claim / Post Settlement, Costs Determination
Outcome
Directions to be given for costs determination by written evidence and oral submissions; trial refused.
Legal Topics
Removal of Trustees, Costs Determination, Family Settlement, Appointment of Protector
Trusts Civil Procedure Removal of Trustees Costs Determination Family Settlement Appointment of Protector

Case Brief

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Parties

Sutinder Kaur Hanspaul

Claimant

Sandeep Singh Hanspaul

Claimant

David Raymond Ward

Defendant

Jasvinder Singh Gill

Defendant

Karen Michelle Du Rocher

Defendant

John Vincent Brassington

Defendant

Jamie Stephenson

Defendant

Jatinder Singh Sehmi

Defendant

Rochmills Limited

Defendant

John Wearing

Defendant

Donna Marie Holmes

Defendant

Procedural Posture

Chancery Division Claim / Post Settlement, Costs Determination

Legal Issues

  1. 1 Whether a trial is necessary to determine costs after substantive issues have been resolved
  2. 2 Appropriate procedure for resolving costs disputes in trust litigation

Ratio Decidendi

A fair determination of costs can be achieved without a trial or cross-examination, using written evidence and oral submissions, given the overriding objective of proportionality and the absence of unresolved substantive issues.

Court Disposition

Directions to be given for costs determination by written evidence and oral submissions; trial refused.

Orders

  • Each party may serve and file one witness statement with supporting documents for costs hearing.
  • No trial or cross-examination to be held for costs determination.