Pullan v Wilson & Ors

Pullan v Wilson & Ors

The first defendant was entitled to charge for his services at an hourly rate of £400 and for his assistants at £200, both discounted by 7.5%, as these rates were agreed or acquiesced in by the claimant and were not shown to be unreasonable in the circumstances. No adjustment was required for company work as it was performed for the benefit of the trusts. The fees charged exceeded proper and reasonable remuneration by £20,348.50, which must be repaid. The claimant was only partially successful and is awarded 25% of his costs.

Parties
Claimant: Alistair Mark Pullan; First Defendant: David Wilson; Second Defendant: John Riches; Third Defendant: Christopher John Heselton Adams
Jurisdiction
England and Wales
Judgment Date
28 January 2014
Procedural Posture
Civil Trust Dispute / Judgment After Trial
Outcome
Partially in favour of claimant; repayment ordered; costs apportioned.
Legal Topics
Trustee Remuneration, Reasonableness of Fees, Acquiescence, Costs Orders
Trusts Equity Professional Liability Trustee Remuneration Reasonableness of Fees Acquiescence Costs Orders

Case Brief

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Parties

Alistair Mark Pullan

Claimant

David Wilson

First Defendant

John Riches

Second Defendant

Christopher John Heselton Adams

Third Defendant

Procedural Posture

Civil Trust Dispute / Judgment After Trial

Legal Issues

  1. 1 What is the proper and reasonable remuneration for a professional trustee?
  2. 2 Was the claimant barred from challenging the trustee's charges by acquiescence?
  3. 3 Should charges for company work be allowed as trust expenses?

Ratio Decidendi

The first defendant was entitled to charge for his services at an hourly rate of £400 and for his assistants at £200, both discounted by 7.5%, as these rates were agreed or acquiesced in by the claimant and were not shown to be unreasonable in the circumstances. No adjustment was required for company work as it was performed for the benefit of the trusts. The fees charged exceeded proper and reasonable remuneration by £20,348.50, which must be repaid. The claimant was only partially successful and is awarded 25% of his costs.

Court Disposition

Partially in favour of claimant; repayment ordered; costs apportioned.

Orders

  • First defendant to repay £20,348.50 to the Pullan family trusts with interest at 1.5% from 4 November 2010.
  • Claimant awarded 25% of his costs, subject to detailed assessment if not agreed.