Blades v Isaac & Anor [2016] EWHC 601 (Ch) (21 March 2016)

Blades v Isaac & Anor [2016] EWHC 601 (Ch) (21 March 2016)

The trustees' refusal to disclose was not wholly indefensible or unreasonable; they acted in good faith, sought and followed specialist advice, and offered to seek directions. The claimant should not have issued hostile proceedings when the trustees had offered to seek directions. Therefore, all parties' costs should be paid from the trust estate, not personally by the trustees.

Citation
[2016] EWHC 601 (Ch)
Parties
Claimant: Felicity Mary Mackley Blades; Defendant: Richard Auberon Isaac; Defendant: Christopher Allen Alexander
Jurisdiction
England and Wales
Judgment Date
21 March 2016
Procedural Posture
Part 8 Claim (cpr) / Judgment on Claim and Costs
Outcome
All parties' costs to be paid from the trust estate.
Legal Topics
Disclosure of Trust Information, Trustees' Duties, Costs in Trust Litigation, Beneficiaries' Rights, Trustee Indemnity
Trusts and Estates Civil Procedure Disclosure of Trust Information Trustees' Duties Costs in Trust Litigation Beneficiaries' Rights Trustee Indemnity

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Parties

Felicity Mary Mackley Blades

Claimant

Richard Auberon Isaac

Defendant

Christopher Allen Alexander

Defendant

Procedural Posture

Part 8 Claim (cpr) / Judgment on Claim and Costs

Legal Issues

  1. 1 Whether trustees must disclose estate and trust accounts to a discretionary beneficiary
  2. 2 Whether trustees' refusal to disclose was reasonable
  3. 3 Proper order for costs in trust litigation where disclosure is ultimately given

Ratio Decidendi

The trustees' refusal to disclose was not wholly indefensible or unreasonable; they acted in good faith, sought and followed specialist advice, and offered to seek directions. The claimant should not have issued hostile proceedings when the trustees had offered to seek directions. Therefore, all parties' costs should be paid from the trust estate, not personally by the trustees.

Court Disposition

All parties' costs to be paid from the trust estate.

Orders

  • Defendants to pay claimant's and their own costs out of the trust estate on the indemnity basis.