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

Lastly, I turn to consider the question of Julian’s right to an indemnity from the estates and trust fund, not only in respect of his own legal costs, but also costs that he is liable to pay to the respondents. I dealt with the law relating to this at paragraphs [87]-[94] of my substantive judgment, and I shall not repeat that here. I held that the judge below was entitled to reach the conclusion that Julian should be deprived of his indemnity for the costs of hostile litigation, though not for the costs of his administration of the estates and the trust.

The respondents now seek a similar order that Julian be deprived of his indemnity for the costs of this appeal. So far as I can see from his written submissions, Julian does not respond to that. In my judgment, Julian conducted this appeal entirely in his own interest, and not at all in the interests of the estates or the trust. Accordingly, Julian’s costs, and those of the respondents that he is ordered to pay were not properly incurred within section 31(1) of the Trustee Act 2000, and he is not entitled to an indemnity in respect of them: see CPR PD 46 para 1.1(b). I will so declare.