Re Beddoe applications for Trusts & Trustees – Kate Davenport QC

In this recent article recent article for Trusts & Trustees, Kate takes a look at the court’s role in assisting trustees and Re Beddoe orders (where second proceedings were characterised as charges and expenses, and leave to appeal not required).

She begins by explaining Re Beddoe applications in general, outlining key procedural elements and sets out in which types of cases these applications are likely to be successful and then reviews the law relating to Re Beddoe applications and applications for directions in the UK, New Zealand, and Australia – and comments on the role that judges play in assisting trustee decision-making.

According to Kate, the Re Beddoe application, which takes its name from the case Re Beddoe, “is a specific type of application that trustees can make for directions from the court as to whether to bring, continue, or defend court proceedings in their capacity as trustee. It involves asking permission from the court to engage in litigation and normally provides the trustee with an indemnity from the trust fund for the costs of the proceedings, including the costs of the application as well as any costs order made against the trustee if unsuccessful.”

The full article is available to read here.

Kate writes extensively in the area of Trust Law and is a contributing editor to LexisNexis Law of Trusts.

She is a civil and commercial litigator with more than 23 years’ experience at the independent Bar. She is also a qualified mediator, and was part of the High Court pilot mediation panel and was a member of the Weathertight Homes Mediation panel.

For further information about Kate’s expertise, please access this page.

External Publications 20 Jun, 2017