Louise Mary Harris & Anor v Neil Quantick & Anor

Louise Mary Harris & Anor v Neil Quantick & Anor

Claimants’ costs, except for minimal issue costs, should be borne by D1 personally on the indemnity basis due to D1’s unreasonable conduct; only issue costs are costs of the Estate. D1 is not entitled to indemnity from the Estate for any costs. D2’s costs from and after August 21, 2025, should also be borne by D1. Claimants may recover unrecovered costs up to the date of the Order from the Estate only if D1 cannot pay.

Parties
Claimant: Louise Mary Harris; Claimant: Natasha Daley; Defendant: Neil Quantick; Defendant: Stroke Association
Jurisdiction
England and Wales
Judgment Date
29 January 2026
Procedural Posture
Probate Removal Application / Costs Determination After Removal Order
Outcome
Costs determined; Claimants’ removal as executors confirmed; orders as to costs and indemnity issued.
Legal Topics
Removal of Executors, Costs in Probate Litigation, Trustee Indemnity, Beneficiaries Dispute
Probate Trusts Civil Procedure Removal of Executors Costs in Probate Litigation Trustee Indemnity Beneficiaries Dispute

Case Brief

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Parties

Louise Mary Harris

Claimant

Natasha Daley

Claimant

Neil Quantick

Defendant

Stroke Association

Defendant

Procedural Posture

Probate Removal Application / Costs Determination After Removal Order

Legal Issues

  1. 1 Who should bear the costs of the s50 application to remove executors
  2. 2 Whether costs should be indemnified from the Estate
  3. 3 Whether conduct of parties affects costs orders

Ratio Decidendi

Claimants’ costs, except for minimal issue costs, should be borne by D1 personally on the indemnity basis due to D1’s unreasonable conduct; only issue costs are costs of the Estate. D1 is not entitled to indemnity from the Estate for any costs. D2’s costs from and after August 21, 2025, should also be borne by D1. Claimants may recover unrecovered costs up to the date of the Order from the Estate only if D1 cannot pay.

Court Disposition

Costs determined; Claimants’ removal as executors confirmed; orders as to costs and indemnity issued.

Orders

  • Claimants’ costs of issue as per draft consent order dated 25 April 2025 are costs of the Estate.
  • Claimants’ costs in excess of issue costs, assessed on indemnity basis, to be paid by D1 personally.