TMC LEGAL | SHUFFLEBOTHAM & MILNER V SHUFF-WENTZEL [2025] EWHC 3321 (Ch) скачать в хорошем качестве

TMC LEGAL | SHUFFLEBOTHAM & MILNER V SHUFF-WENTZEL [2025] EWHC 3321 (Ch)

High Court Preserves Indemnity For Unsuccessful But Honest Executor Removal Applicants | The High Court has confirmed that classification of executor removal proceedings as 'hostile litigation' does not automatically deprive unsuccessful applicants of their trustee indemnity, provided their conduct in bringing the application was honest and reasonable. In this important Chancery Division costs decision, HHJ Charman examines when trustees ordered to pay costs personally can still recoup those costs from the estate under their right of indemnity. The case provides essential guidance on the characterisation of trust litigation for costs purposes. 🔑 Key Points Hostile litigation attracts the rule that costs follow the event under CPR 44.2 Trustees paying costs personally may still claim indemnity from the estate Indemnity preserved where trustees acted honestly and reasonably Joint and several liability applies to co-applicants pursuing common relief Rejection of settlement offer was not unreasonable conduct 📋 Case Summary Case: Shufflebotham & Milner v Shuff-Wentzel [2025] EWHC 3321 (Ch) Judge: His Honour Judge Charman (sitting as High Court Judge) Court: High Court, Chancery Division Decision: Claimants pay defendant's costs but retain trustee indemnity from estate ⚖️ Why This Matters This judgment clarifies the interaction between CPR 44.2 costs principles and trustees' indemnity rights. Practitioners advising executors and trustees in contentious probate matters must understand when hostile litigation characterisation applies and how indemnity can be preserved despite an adverse costs order. 🎯 What The Court Decided Proceedings constituted hostile litigation rather than a trust dispute for the estate's benefit Claimants jointly and severally liable for the defendant's costs personally Claimants acted honestly and reasonably in bringing the application Right to trustee indemnity from the estate preserved under general trustee principles Rejection of defendant's 5 August 2025 offer was not unreasonable 📚 Topics Covered Trustee indemnity from estate CPR 44.2 costs discretion Re Buckton categories of trust disputes Hostile litigation characterisation Joint and several costs liability Lewin on Trusts indemnity principles Settlement offers and costs consequences 💼 Useful For Costs Lawyers | Costs Draftsmen | Chancery Practitioners | Private Client Solicitors | Probate Litigators | Trust Lawyers | Estate Administrators 🔗 Links 📖 Blog: https://www.tmclegal.co.uk/trustee-in... ⚖️ Judgment: https://www.bailii.org/ew/cases/EWHC/... 📞 Contact TMC Legal Website: https://www.tmclegal.co.uk Email: office@tmclegal.co.uk Phone: 01628 526 236🔔 SUBSCRIBE for regular updates on costs law, civil litigation, and CPR developments Related Cases Re Buckton [1907] 2 Ch 406 Price v Saundry [2019] EWCA Civ 2261 Hanson v Coleman [2025] EWHC 116 (Ch) Jones v Longley [2015] EWHC 3362 #CostsLaw #TrusteeIndemnity #CPR442 #ChanceryLaw #TrustLitigation #ReBuckton #PricevSaundry #HostileLitigation #JointAndSeveralLiability #LewinOnTrusts #EstateCosts #ProbateLitigation #CostsFollowTheEvent #LegalCosts #TMCLegal #CivilLitigation #DetailedAssessment #CostsDraftsman #CostsLawyer #PrivateClient #TrustDisputes #ExecutorCosts #BeneficiaryDispute #CostsOrder #LegalPractice #UKLaw #HighCourt ⚠️ Disclaimer: This video is for educational purposes only and does not constitute legal advice. © 2025 TMC Legal Limited