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Barnes & Ors v Tomlinson & Ors

HC (Chancery Division) 15 January 2007, Kitchin J

Court: High Court
Date of Judgment: 15.01.07
Jennifer Haywood

The claimants claimed against former trustees for breach of trust. Two of the defendants successfully defended the action (the claimants did not pursue the action against the third, who had died, leaving his estate insolvent).

The claimants were ordered to pay costs assessed on the standard basis. The judge ordered that the costs should also be assessed on the indemnity basis and that the defendants were entitled to recover any shortfall in the costs assessed on the indemnity basis from the trust fund.


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