JOHN RICHARD FULLARD v DAVID GRAHAM KERSHAW & Ors

JOHN RICHARD FULLARD v DAVID GRAHAM KERSHAW & Ors

Claimant is the successful party and should have his costs. Defendants' conduct in contesting the claim and submitting voluminous evidence, despite agreeing in principle to step down, was unreasonable and justifies denial of indemnity from the estate. Claimant's particulars of claim were overly aggressive, warranting a 10% reduction in costs awarded.

Parties
Claimant: John Richard Fullard; First Defendant: David Graham Kershaw; Second Defendant: Lenka Robertson; Third Defendant: Jill Chadwick
Jurisdiction
England and Wales
Judgment Date
24 March 2022
Procedural Posture
Civil / Costs Ruling
Outcome
Costs order in favour of claimant with 10% reduction; defendants to pay 90% of claimant's costs on indemnity basis and bear their own costs without recourse to the estate.
Legal Topics
Removal of Executors, Costs, Administration of Estates, Conflict of Interest
Probate Trusts Property Removal of Executors Costs Administration of Estates Conflict of Interest

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Parties

John Richard Fullard

Claimant

David Graham Kershaw

First Defendant

Lenka Robertson

Second Defendant

Jill Chadwick

Third Defendant

Procedural Posture

Civil / Costs Ruling

Legal Issues

  1. 1 Whether the claimant is entitled to costs following the removal of executors
  2. 2 Whether the defendants are entitled to indemnity from the estate for their costs
  3. 3 Whether the conduct of the parties justifies departure from the general rule on costs

Ratio Decidendi

Claimant is the successful party and should have his costs. Defendants' conduct in contesting the claim and submitting voluminous evidence, despite agreeing in principle to step down, was unreasonable and justifies denial of indemnity from the estate. Claimant's particulars of claim were overly aggressive, warranting a 10% reduction in costs awarded.

Court Disposition

Costs order in favour of claimant with 10% reduction; defendants to pay 90% of claimant's costs on indemnity basis and bear their own costs without recourse to the estate.

Orders

  • Defendants to pay 90% of claimant's costs on indemnity basis.
  • Defendants to bear their own costs without indemnity from the estate.