Landau v Anburn Trustees Ltd. [2007] JLR 250 (18 April 2007)
A trustee acting neutrally is entitled to full indemnity out of the trust for all reasonable expenses, including legal costs, without the need for an express order or taxation; if the reasonableness of the claim is in doubt, the court may refer it for assessment of reasonableness.
- Citation
- [2007] JLR 250
- Parties
- Applicant: Landau; Respondent: Anburn Trustees Ltd.
- Jurisdiction
- Jersey
- Judgment Date
- 18 April 2007
- Procedural Posture
- Trusts / Costs Determination
- Outcome
- Trustee entitled to indemnity for reasonable legal costs from the trust fund.
- Legal Topics
- Trustee Indemnity, Legal Costs, Assessment of Reasonableness
Case Brief
Summary, issues, holding and outcome
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Parties
Landau
Applicant
Anburn Trustees Ltd.
Respondent
Procedural Posture
Trusts / Costs Determination
Legal Issues
- 1 Whether a trustee is entitled to full indemnity out of the trust for reasonable expenses including legal costs when acting neutrally
- 2 Whether an express order or taxation is required for such indemnity
- 3 Procedure if there is concern about the reasonableness of the claim
Ratio Decidendi
A trustee acting neutrally is entitled to full indemnity out of the trust for all reasonable expenses, including legal costs, without the need for an express order or taxation; if the reasonableness of the claim is in doubt, the court may refer it for assessment of reasonableness.
Court Disposition
Trustee entitled to indemnity for reasonable legal costs from the trust fund.
Orders
- No express order for indemnity required
- If reasonableness of costs is in doubt, refer to Greffier for assessment
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