Joshua Birch Jones v Sandra Lorraine Sheppard

Joshua Birch Jones v Sandra Lorraine Sheppard

The Defendant trustee is entitled to indemnity for her legal costs from the trust fund, assessed on the indemnity basis, as she did not act unreasonably or for her own benefit in the conduct of the proceedings. Partial disallowance of account entries and prior interlocutory costs orders do not displace the general rule.

Parties
Claimant: Joshua Birch Jones; Defendant: Sandra Lorraine Sheppard
Jurisdiction
England and Wales
Judgment Date
09 December 2025
Procedural Posture
Civil Trusts / Costs Ruling After Final Hearing
Outcome
Defendant entitled to her costs of the proceedings out of the trust fund, assessed on the indemnity basis.
Legal Topics
Trustee Indemnity for Costs, Assessment of Trust Accounts, Costs Orders in Trust Litigation
Trusts Property Law Civil Procedure Trustee Indemnity for Costs Assessment of Trust Accounts Costs Orders in Trust Litigation

Case Brief

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Parties

Joshua Birch Jones

Claimant

Sandra Lorraine Sheppard

Defendant

Procedural Posture

Civil Trusts / Costs Ruling After Final Hearing

Legal Issues

  1. 1 Whether the trustee is entitled to indemnity for costs from the trust fund
  2. 2 Whether prior interlocutory costs orders oust the general rule on trustee costs
  3. 3 Whether the trustee acted unreasonably or for her own benefit so as to be deprived of indemnity

Ratio Decidendi

The Defendant trustee is entitled to indemnity for her legal costs from the trust fund, assessed on the indemnity basis, as she did not act unreasonably or for her own benefit in the conduct of the proceedings. Partial disallowance of account entries and prior interlocutory costs orders do not displace the general rule.

Court Disposition

Defendant entitled to her costs of the proceedings out of the trust fund, assessed on the indemnity basis.

Orders

  • Defendant's costs to be paid from trust fund and assessed on indemnity basis as per CPR 46.3(3).
  • Costs include those incurred since hearing relating to costs and application for sale up to 3 April 2025.