Bremner v French (No 6)

• 1. TRUSTS AND TRUSTEES — order appointing trustee for sale provides for remuneration at firm’s standard rate at the time — later application to increase rates retrospectively — power to increase rates retrospectively — functus officio — UCPR r 36.16(2)(b) — inherent power in equity — whether discretion should be exercised in trustee’s favour — application refused
• 1. COSTS — application by court-appointed trustee for sale for increased remuneration — objection taken by beneficiary — whether proceedings adversarial — costs follow the event — lump sump costs order — order refused — whether inter partes costs should be made in favour of beneficiary — indemnity of estate — trustee’s prima facie entitlement to indemnity displaced where acting in substance in own interests — indemnity confined to costs incurred before contest became adversarial — whether beneficiary’s solicitor-client costs payable out of fund where objection produced saving estate — additional order refused

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