Grender & Ors v Dresden & Ors

Grender & Ors v Dresden & Ors

Claimants are entitled to indemnity costs from trust/company assets except where specific Defendants' conduct justifies personal liability. Mr Cullinan to pay 50% of Claimants' joinder application costs (£3,000). Mr and Mrs Dresden to pay Claimants' costs of the failed preliminary issue application (on indemnity basis, subject to detailed assessment), and 40% of the main proceedings' costs (on indemnity basis), with an interim payment of £17,500 ordered. Remaining costs to be borne by trust/company assets.

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
Civil / Costs Ruling After Judgment
Outcome
Costs allocated between parties and trust/company assets as specified; interim payment ordered.
Legal Topics
Costs, Trustee Indemnity, Representative Actions, Litigation Conduct
Trusts Civil Procedure Costs Trustee Indemnity Representative Actions Litigation Conduct

Case Brief

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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

Civil / Costs Ruling After Judgment

Legal Issues

  1. 1 Entitlement to costs by trustees and parties
  2. 2 Basis and allocation of costs between parties and trust fund
  3. 3 Effect of party conduct on costs orders

Ratio Decidendi

Claimants are entitled to indemnity costs from trust/company assets except where specific Defendants' conduct justifies personal liability. Mr Cullinan to pay 50% of Claimants' joinder application costs (£3,000). Mr and Mrs Dresden to pay Claimants' costs of the failed preliminary issue application (on indemnity basis, subject to detailed assessment), and 40% of the main proceedings' costs (on indemnity basis), with an interim payment of £17,500 ordered. Remaining costs to be borne by trust/company assets.

Court Disposition

Costs allocated between parties and trust/company assets as specified; interim payment ordered.

Orders

  • Claimants entitled to indemnity costs from trust/company assets except as otherwise ordered.
  • Mr Cullinan to pay £3,000 to Claimants for 50% of joinder application costs.