Long v Rodman & Ors

Long v Rodman & Ors

Neither side was successful; both parties adopted unreasonable and inflexible positions. The just order is no order for costs. Mr Long is deprived of indemnity from the estate due to unreasonable conduct in defending the application.

Parties
Claimant: David Eric Long; Defendant: Linda Ann Rodman; Defendant: Debra Fay Rodman; Defendant: Barbara Susan Rodman; Defendant: Roberta Rodman Hanley
Jurisdiction
England and Wales
Judgment Date
02 May 2019
Procedural Posture
Probate/trusts Administration of Estate / Costs Determination Following Judgment on Removal of Administrator
Outcome
No order for costs; Mr Long deprived of indemnity from the estate for his costs.
Legal Topics
Costs, Removal of Personal Representative, Indemnity From Estate
Probate Trusts and Estates Civil Procedure Costs Removal of Personal Representative Indemnity From Estate

Case Brief

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Parties

David Eric Long

Claimant

Linda Ann Rodman

Defendant

Debra Fay Rodman

Defendant

Barbara Susan Rodman

Defendant

Roberta Rodman Hanley

Defendant

Procedural Posture

Probate/trusts Administration of Estate / Costs Determination Following Judgment on Removal of Administrator

Legal Issues

  1. 1 Whether costs should be awarded inter partes following an application under s.50 Administration of Justice Act 1985 for removal of an administrator
  2. 2 Whether the administrator (Mr Long) should be indemnified for his costs from the estate
  3. 3 Whether the conduct of the parties affects the costs and indemnity orders

Ratio Decidendi

Neither side was successful; both parties adopted unreasonable and inflexible positions. The just order is no order for costs. Mr Long is deprived of indemnity from the estate due to unreasonable conduct in defending the application.

Court Disposition

No order for costs; Mr Long deprived of indemnity from the estate for his costs.

Orders

  • No order for costs between the parties.
  • Mr Long is not entitled to indemnity from the estate for his costs.