Parujan v Atlantic Western Trustees Ltd [2003] JRC 103 (25 June 2003)

Parujan v Atlantic Western Trustees Ltd [2003] JRC 103 (25 June 2003)

The trustee's rejection of the jointly-appointed expert's recommendations, combined with its conduct in overcharging, using trust assets for its own legal fees, and failing to resolve the dispute with moderation, constitutes a special or unusual feature justifying indemnity costs from the date of the expert's report.

Citation
[2003] JRC 103
Parties
Beneficiary: Mrs Parujan; Trustee: Atlantic Western Trustees Limited
Jurisdiction
Jersey
Judgment Date
25 June 2003
Procedural Posture
Trust Dispute / Post Judgment Matters and Costs Application
Outcome
Application granted in part; costs awarded against trustee.
Legal Topics
Trustee Duties, Breach of Trust, Indemnity Costs, Legal Fees, Trust Fund Management
Trusts Costs Trustee Duties Breach of Trust Indemnity Costs Legal Fees Trust Fund Management

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Parties

Mrs Parujan

Beneficiary

Atlantic Western Trustees Limited

Trustee

Procedural Posture

Trust Dispute / Post Judgment Matters and Costs Application

Legal Issues

  1. 1 Adjustment of overcharged fees and expenses
  2. 2 Repayment of legal fees taken from trust fund
  3. 3 Proper calculation of allowable expenses

Ratio Decidendi

The trustee's rejection of the jointly-appointed expert's recommendations, combined with its conduct in overcharging, using trust assets for its own legal fees, and failing to resolve the dispute with moderation, constitutes a special or unusual feature justifying indemnity costs from the date of the expert's report.

Court Disposition

Application granted in part; costs awarded against trustee.

Orders

  • Trustee to repay to the trust fund £13,386 for overcharged fees.
  • Trustee to ensure Viberts repays £8,529 to the trust fund with interest, if any.