Description
Summary Judgment. The Claimant and a trust of which he was a beneficiary lost an action in respect of the recovery of certain shares. The Claimant and the Trustees sought to recover the costs incurred and for which they were liable from the original trustee and the legal representatives on the basis that the action brought in his name should never have been commenced or at the very least should have been withdrawn at a far earlier stage. The Court concluded that the original trustee was entitled to believe that the original action had real prospects of success and had not acted outside of his fiduciary duties and that the conduct of the solicitors was wholly appropriate.
