CH-2025-BRS-000001 - [2025] EWHC 2530 (Ch)

On 22 September 2025, I handed down my written judgment, under neutral citation number [2025] EWHC 2373 (Ch). This dismissed the appeal by Julian Fernandez against the order made by DJ Wales on 3 December 2024 in the litigation with his siblings Nick and Leessa (“the respondents”). The order removed Julian as executor of the estates of their parents, and also of a trust made by them during their lives. I invited written submissions on consequential matters, which I subsequently received and have now considered.

There are five matters raised: (i) the incidence of costs, (ii) the basis of costs, (iii) payment on account of costs, (iv) interest on costs, and (v) Julian’s indemnity against the estates and trust fund. I will deal with them in turn. There is however no application for permission to appeal to the Court of Appeal. Because that would be a second appeal, only that Court can give such permission: CPR rule 52.7.