BUSINESS AND PROPERTY COURTS
OF ENGLAND AND WALES
PROPERTY TRUSTS & PROBATE LIST (ChD)
IN THE MATTER OF THE ESTATE OF NORMAN RODMAN (DECEASED)
Fetter Lane London EC4A 1NL |
||
B e f o r e :
(In Private)
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DAVID ERIC LONG | ||
(As Administrator of the estate of Norman Rodman, deceased) | Claimant | |
and | ||
(1) LINDA ANN RODMAN | ||
(2) DEBRA FAY RODMAN | ||
(individually and in their capacity as the Administrators of the estate | ||
Of Arline Bette Rodman, deceased) | ||
(3) BARBARA SUSAN RODMAN | ||
(4) ROBERTA RODMAN HANLEY | Defendants |
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THE SECOND DEFENDANT appeared in person.
MR A. MOLD and MR S. ATKINSON (instructed by Macfarlanes LLP) appeared on behalf of the First and Third Defendant.
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Crown Copyright ©
CHIEF MASTER MARSH:
"Where the plaintiff made a late amendment which substantially altered the case the defendant had to meet and without which the action would have failed, the defendant was entitled to the costs of the action down to the date of the amendment".
"In my view, Lewin is right to say that, if there is a conflict of interest and duty which justifies the trustee's removal, and the trustee unsuccessfully resists removal, the court might normally be expected to deprive the trustee of his indemnity and order him to pay the costs".
Note 1 Here I am referring to remarks made by Sir Thomas Bingham MR in I>Roach v News Group Newspapers Ltd. [Back]