Hanspaul & Anor v Ward & Ors

Hanspaul & Anor v Ward & Ors

A fair determination of costs can be achieved without a trial or cross-examination; written evidence and oral submissions suffice given the circumstances, proportionality, and the overriding objective. The court will not direct a trial solely for costs determination where substantive issues are resolved and further litigation would be disproportionate.

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
Civil / Post Settlement, Costs Determination
Outcome
Court will determine costs by written evidence and oral submissions; no trial or 'Trial Lite' will be ordered.
Legal Topics
Removal of Trustees, Appointment of Protector, Costs Determination, Family Settlement, Proportionality in Costs
Trusts Civil Procedure Removal of Trustees Appointment of Protector Costs Determination Family Settlement Proportionality in Costs

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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

Civil / Post Settlement, Costs Determination

Legal Issues

  1. 1 Proper procedure for determining costs after substantive issues resolved
  2. 2 Whether a trial is necessary for costs determination
  3. 3 Entitlement of trustees to costs from trust fund

Ratio Decidendi

A fair determination of costs can be achieved without a trial or cross-examination; written evidence and oral submissions suffice given the circumstances, proportionality, and the overriding objective. The court will not direct a trial solely for costs determination where substantive issues are resolved and further litigation would be disproportionate.

Court Disposition

Court will determine costs by written evidence and oral submissions; no trial or 'Trial Lite' will be ordered.

Orders

  • Each party may serve and file one witness statement with supporting documents for costs determination.
  • Directions to be agreed or set by court for the costs hearing.