Grender & Ors v Dresden & Ors [2009] EWHC 500 (Ch) (18 March 2009)

Grender & Ors v Dresden & Ors [2009] EWHC 500 (Ch) (18 March 2009)

Claimants are entitled to indemnity costs out of trust/company assets, except where specific defendants' conduct or failed applications justify personal liability for costs. Mr and Mrs Dresden must pay 40% of the Claimants' costs of the proceedings (excluding certain applications), assessed on the indemnity basis, due to their conduct. Mr Cullinan must pay 50% of the Claimants' costs of the joinder application. Detailed assessment is ordered for certain costs, and interim payments are directed.

Citation
[2009] EWHC 500 (Ch)
Parties
Claimant: Peter John William Grender; Claimant: Maundy Maureen Kathleen Todd; Claimant: Jan Wladimir Ledochowski; Claimant: Anne Gillian Briant; Claimant: Mark Allain Ross Grizzelle; Claimant: Robert Jeremy Allan; Claimant: Keith Edwards; Claimant: Coombe House Estate Residents' Association limited; Defendant: Michael Coleman Dresden; Defendant: Joan Margaret Dresden; Defendant: Edwin William Roberts; Defendant: Harry Morris Michael Cullinan
Jurisdiction
England and Wales
Judgment Date
18 March 2009
Procedural Posture
Chancery Division Civil Claim / Post Judgment Costs Determination
Outcome
Costs apportioned and assessed; indemnity basis applied; interim payment ordered.
Legal Topics
Costs, Trustee Indemnity, Representative Defendants, Litigation Conduct
Trusts Civil Procedure Costs Trustee Indemnity Representative Defendants Litigation Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Peter John William Grender

Claimant

Maundy Maureen Kathleen Todd

Claimant

Jan Wladimir Ledochowski

Claimant

Anne Gillian Briant

Claimant

Mark Allain Ross Grizzelle

Claimant

Robert Jeremy Allan

Claimant

Keith Edwards

Claimant

Coombe House Estate Residents' Association limited

Claimant

Michael Coleman Dresden

Defendant

Joan Margaret Dresden

Defendant

Edwin William Roberts

Defendant

Harry Morris Michael Cullinan

Defendant

Procedural Posture

Chancery Division Civil Claim / Post Judgment Costs Determination

Legal Issues

  1. 1 Entitlement to costs out of trust/company assets for trustees and directors
  2. 2 Basis and apportionment of costs between parties, including representative and individual defendants
  3. 3 Assessment of costs for failed applications and joinder

Ratio Decidendi

Claimants are entitled to indemnity costs out of trust/company assets, except where specific defendants' conduct or failed applications justify personal liability for costs. Mr and Mrs Dresden must pay 40% of the Claimants' costs of the proceedings (excluding certain applications), assessed on the indemnity basis, due to their conduct. Mr Cullinan must pay 50% of the Claimants' costs of the joinder application. Detailed assessment is ordered for certain costs, and interim payments are directed.

Court Disposition

Costs apportioned and assessed; indemnity basis applied; interim payment ordered.

Orders

  • Claimants entitled to indemnity costs out of trust/company assets, except as otherwise ordered.
  • Mr and Mrs Dresden to pay 40% of Claimants' costs of proceedings (excluding certain applications), assessed on indemnity basis.