Mason & Ors v Coleman & Ors [2007] EWHC 3070 (Ch) (04 December 2007)

Mason & Ors v Coleman & Ors [2007] EWHC 3070 (Ch) (04 December 2007)

Claimants were entitled to costs up to end of February 2006 due to Defendants' unreasonable failure to provide accounts; after that date, Defendants entitled to indemnity from trust assets for costs, as Claimants' challenge to account was unsuccessful. Applications for summary account, further information, and...

Source-derived case information.

Citation
[2007] EWHC 3070 (Ch)
Parties
Claimant: Bernard Philip Mason; Claimant: Robert Gordon Birtwistle; Claimant: Trent Douglas Birtwistle; Claimant: Derek Chet Birtwistle; Claimant: Joseph David Camm; Claimant: Ivy May Colclough; Defendant: Peter Alan Coleman; Defendant: Josephine Coleman; Defendant: Alliance Suisse SA; Defendant: Independent Finance Limited
Jurisdiction
England and Wales
Judgment Date
04 December 2007
Procedural Posture
Chancery Division Civil Claim / Post Compromise Costs Determination
Outcome
Costs determined as follows: Claimants awarded costs up to end of February 2006; Defendants entitled to indemnity for costs thereafter; specific applications allocated costs as per judgment.
Legal Topics
Trustee Duties, Account of Trust, Costs, Removal of Trustees, Indemnity, Pre Action Protocol
Trusts Equity Civil Procedure Trustee Duties Account of Trust Costs Removal of Trustees Indemnity +1 more

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Parties

Bernard Philip Mason

Claimant

Robert Gordon Birtwistle

Claimant

Trent Douglas Birtwistle

Claimant

Derek Chet Birtwistle

Claimant

Joseph David Camm

Claimant

Ivy May Colclough

Claimant

Peter Alan Coleman

Defendant

Josephine Coleman

Defendant

Alliance Suisse SA

Defendant

Independent Finance Limited

Defendant

Procedural Posture

Chancery Division Civil Claim / Post Compromise Costs Determination

Legal Issues

  1. 1 Entitlement to costs following compromise of trust account proceedings
  2. 2 Trustee's right to indemnity from trust assets
  3. 3 Proper construction of 'costs of the claim' in consent order

Ratio Decidendi

Claimants were entitled to costs up to end of February 2006 due to Defendants' unreasonable failure to provide accounts; after that date, Defendants entitled to indemnity from trust assets for costs, as Claimants' challenge to account was unsuccessful. Applications for summary account, further information, and extensions were successful and costs awarded to Claimants; applications relating to challenge of account and removal of trustees resulted in each party bearing own costs.

Court Disposition

Costs determined as follows: Claimants awarded costs up to end of February 2006; Defendants entitled to indemnity for costs thereafter; specific applications allocated costs as per judgment.

Orders

  • Defendants to pay Claimants' costs of application for summary account, preparation of account, further information, and extensions.
  • No order as to costs for applications challenging account and removal of trustees; each party to bear own costs.