In case of doubt as to the desirability of the intended proceedings (whether as plaintiff or defendant), trustees may apply to the court for directions. This will protect the trustees from adverse costs orders. If given leave to sue or defend by the court, they are entitled to an indemnity for their costs out of the trust fund. The Order provided: ‘Subject to the provisions of the Acts and these rules, the costs of and incident to all proceedings in the Supreme Court, including the administration of estimates and trusts, shall be in the discretion of the Court or judge . .’
[1893] 1 Ch 547
Order LXV Rule 1
England and Wales
Cited by:
Cited – Singh v Bhasin and Others ChD 21-Aug-1998
A trustee who defended a claim would always be at risk of an order to pay the costs personally even if advised by counsel to defend if he did not seek a protective Beddoe order before defending. . .
Cited – Alsop Wilkinson v Neary and Others ChD 4-Nov-1994
The second defendant, a solicitor, had fraudulently taken money from trusts, and paid money into trusts for his own family. It was claimed that the payments were intended to defeat the recovery of the funds. The trustees sought protection on costs . .
Cited – Re Biddencare Ltd ChD 1994
The court set out the principles applicable on making a Beddoe application. The court should consider the strength of the case, the likely costs order in the eventual proceedings, and the justice of the application itself. . .
Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Cited – Wallersteiner v Moir (No 2) CA 1975
The court was asked whether Moir would be entitled to legal aid to bring a derivative action on behalf of a company against its majority shareholder.
Held: A minority shareholder bringing a derivative action on behalf of a company could obtain . .
Cited – Dagnell and Another v J L Freedman and Co and Others HL 5-Apr-1993
The plaintiffs, trustees of the will, sued the solicitors who had prepared it in negligence. They issued the writ some 7 months before the limitation date for their claim, but did not then serve it. They were advised first to make an application to . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Trusts
Leading Case
Updated: 01 November 2021; Ref: scu.183455
