Pegler & Ors v McDonald & Anor [2022] EWHC 2505 (Ch) (07 October 2022)

Pegler & Ors v McDonald & Anor [2022] EWHC 2505 (Ch) (07 October 2022)

The defendant must pay the claimants' and Ms Collins's costs due to his unreasonable conduct causing the litigation; he is not entitled to indemnity from the estate for these costs, while the claimants and Ms Collins are entitled to indemnity from the estate for any costs not recovered from the defendant.

Citation
[2022] EWHC 2505 (Ch)
Parties
Claimant: Karen Pegler; Claimant: Tamara Sarah Stringer; Claimant: Serena Juliet Gahagan Hulme; Claimant: Jeremy Edwin Stanley Gahagan; Defendant: Timothy Bruce McDonald; Defendant: Hugh James Trust Corporation Limited; Original Second Defendant: Gill Collins
Jurisdiction
England and Wales
Judgment Date
07 October 2022
Procedural Posture
Part 8 Claim / Post Judgment Costs Ruling
Outcome
Defendant ordered to pay claimants' and Ms Collins's costs; no indemnity from estate for defendant; claimants and Ms Collins entitled to indemnity from estate for unrecovered costs.
Legal Topics
Removal of Executor, Costs in Estate Litigation, Indemnity From Estate, Beneficiaries' Costs, Personal Representative's Costs
Trusts and Estates Civil Procedure Removal of Executor Costs in Estate Litigation Indemnity From Estate Beneficiaries' Costs Personal Representative's Costs

Case Brief

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Parties

Karen Pegler

Claimant

Tamara Sarah Stringer

Claimant

Serena Juliet Gahagan Hulme

Claimant

Jeremy Edwin Stanley Gahagan

Claimant

Timothy Bruce McDonald

Defendant

Hugh James Trust Corporation Limited

Defendant

Gill Collins

Original Second Defendant

Procedural Posture

Part 8 Claim / Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether the defendant should pay the claimants' and Ms Collins's costs
  2. 2 Whether the defendant is entitled to indemnity from the estate for his costs
  3. 3 Whether the claimants and Ms Collins are entitled to indemnity from the estate for unrecovered costs

Ratio Decidendi

The defendant must pay the claimants' and Ms Collins's costs due to his unreasonable conduct causing the litigation; he is not entitled to indemnity from the estate for these costs, while the claimants and Ms Collins are entitled to indemnity from the estate for any costs not recovered from the defendant.

Court Disposition

Defendant ordered to pay claimants' and Ms Collins's costs; no indemnity from estate for defendant; claimants and Ms Collins entitled to indemnity from estate for unrecovered costs.

Orders

  • Defendant to pay claimants' costs of the claim.
  • Defendant to pay Ms Collins's costs.