The following Private Client practice note Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Jovana Nedeljkov of Bankside Chambers provides comprehensive and up to date legal information covering:
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best way of ensuring that costs will be met from the trust fund in appropriate cases. A trustee enjoys a right of indemnity at law but where appropriate, prudent trustees should consider making a Beddoe application to the court seeking permission to bring or defend their litigation. These applications are named after the case Re Beddoe where Lindley LJ held at p :
‘a trustee who, without the sanction of the Court, commences an action or defends an action, unsuccessfully, does so at his own risk as regards the costs, even if he acts on counsel’s opinion’
This Practice Note details when trustees should make a Beddoe application, how such applications are made in practice, how they differ from related alternative costs applications and the risks involved in continuing litigation without the protection of a Beddoe order.
In Alsop Wilkinson (a firm) v Neary, Lightman J detailed three categories of proceedings involving trustees:
Trust disputes are disputes as to the (terms of the) trusts on which the trustees hold the subject matter of the trusts. Such disputes can be friendly or hostile. In hostile litigation (whether between beneficiaries or between
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
NOTE: This Practice Note is being reviewed in light of the changes to CPR 81 that will be introduced by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, which is available here. The changes to CPR 81 involve a substitution of the entirety of CPR 81, which will be renamed ‘Part 81
This Practice Note considers the position of a security holder who has an equitable mortgage or charge over land and, in particular the powers that are available to complete a sale of the charged property.This Practice Note deals only with registered land.Mortgages and charges over land—a
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.