Nathan James Smith & Ors v Ian Patrick Campbell & Ors

Nathan James Smith & Ors v Ian Patrick Campbell & Ors

Claimants achieved partial success but exaggerated allegations and failed to engage in ADR or pre-action protocol; Trustees' conduct was reasonable and proposals were made in good faith. No order as to costs between parties; Trustees entitled to indemnity out of trust assets.

Parties
Claimant: Nathan James Smith; Claimant: Leah-Jane Styring; Claimant: Suzanne April Smith; Defendant: Ian Patrick Campbell; Defendant: Malcolm Ronald Taylor; Defendant: Sarah Cheslyn-Curtis; Defendant: Maldwyn Stephen Henry
Jurisdiction
England and Wales
Judgment Date
29 January 2026
Procedural Posture
Civil / Post Judgment Costs Ruling
Outcome
No order as to costs between parties; Trustees entitled to indemnity out of trust assets.
Legal Topics
Trustee Removal, Costs, Indemnity, Alternative Dispute Resolution
Trusts and Estates Civil Procedure Trustee Removal Costs Indemnity Alternative Dispute Resolution

Case Brief

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Parties

Nathan James Smith

Claimant

Leah-Jane Styring

Claimant

Suzanne April Smith

Claimant

Ian Patrick Campbell

Defendant

Malcolm Ronald Taylor

Defendant

Sarah Cheslyn-Curtis

Defendant

Maldwyn Stephen Henry

Defendant

Procedural Posture

Civil / Post Judgment Costs Ruling

Legal Issues

  1. 1 Incidence of costs as between parties
  2. 2 Trustees' right of indemnity out of trust assets

Ratio Decidendi

Claimants achieved partial success but exaggerated allegations and failed to engage in ADR or pre-action protocol; Trustees' conduct was reasonable and proposals were made in good faith. No order as to costs between parties; Trustees entitled to indemnity out of trust assets.

Court Disposition

No order as to costs between parties; Trustees entitled to indemnity out of trust assets.

Orders

  • No order as to costs as between the parties.
  • Trustees entitled to be indemnified out of the assets of the Trust in respect of their costs of the claim.