The claimants had applied to remove the 1st to 5th defendants as trustees, and the 6th defendant as protector, of a settlement which owned shares in the family company, and for a relief as to the disputed issue of preference shares in the company. The preference shares question was settled during the trial of a preliminary issue, on terms that the claimants’ costs were paid. The trustees and protector all resigned before trial of the removal application. The claimants applied for their costs on the basis that they had achieved the result they sought. The 1st to 4th defendants contended that there should be no order as to costs, save that they should have their indemnity as to costs out of the settlement. The protector sought his costs from the claimants on the indemnity basis.
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Counsel Paul Burton (Three Stone, The Chambers of John McDonnell QC, 3 Stone Buildings, Lincoln’s Inn, London, WC2A 3XL, tel 020 7242 4937, e-mail firstname.lastname@example.org) instructed by Freeths LLP (1 Vine Street, Mayfair, London, W1J 0AH, tel 0845 050 3200) for the claimants.
Josh Lewison (Radcliffe Chambers, 11 New Square, Lincoln’s Inn, London, WC2A 3QB, tel 020 7831 0081, e-mail email@example.com) instructed by Hatten Wyatt (Hatten Wyatt Solicitors, 51/54 Gravesend, DA12 1BD, tel 01474 351199) for the first to fourth defendants.
Marilyn Kennedy-McGregor (Enterprise Chambers, 9 Old Square, Lincoln’s Inn, London, WC2A 3SR, tel 020 7405 9471, e-mail firstname.lastname@example.org) instructed by Cato Solicitors (Burlington House, 369 Wellingborough Road, Northampton, NN1 4EU, tel 0300 303 2071) for the sixth defendant.
Thomas Dumont (Radcliffe Chambers, 11 New Square, Lincoln’s Inn, London, WC2A 3QB, tel 020 7831 0081, e-mail email@example.com) instructed by Anthony Collins & Co (134 Edmund Street, Birmingham, B3 2ES, tel 0121 200 3242, e-mail firstname.lastname@example.org) for the eighth and ninth defendants.
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