Trustees had denied the defendants a sight of the exhibits to affidavits. Their’ counsel argued for a settled practice that where an application is made by trustees for directions of the Beddoe kind, then the proposed defendant beneficiaries should not necessarily see all the evidence relating to the dispute. Counsel for the proposed beneficiary defendants, argued that he should be entitled to attend argue for his clients, on all matters including ones based on the so-far denied exhibits, and that it was for the Judge to say if those arguments were heard in the presence of parties other than the trustees who sought the directions of the court, though where one was considering beneficiaries and where their trust estate might bear the expense of the proposed litigation, it was beneficiaries’ money that was being spent or being proposed to be spent.
Held: Wynn-Parry J said: ‘Speaking for myself, so far as I know, it has been the practice of this court, without exception, over a great many years, that where, in such a case as this, application is made by a trustee ex necessis where there are disputes, for directions from the court as to whether or not proceedings should be brought against the defendants, those defendants are not entitled to be heard upon that application. The court acts upon such evidence as is placed before it and it expresses itself one way or the other.’ and
‘As I understand it, the practice in this Division is that where a trustee finds it is compelled to ask for the directions of the court as to whether or not certain proceedings should be taken, while it is proper and indeed necessary to join the parties against whom the proposed relief is sought, those parties should not be present in Chambers when the matter is debated; and they should not be furnished with the evidence upon which the court is asked to act . . Very frequently, the leave to proceed is limited, for instance, up to discovery, but it would seem to me to be a quite unjustified inroad upon what I conceive to be a very useful practice if I were to allow this application and to allow the two defendants not merely to be present at the beginning of the proceedings when the originating summons is heard, but to remain there throughout those proceedings and to have all the evidence on which the trustees are asking the court for its directions. I know of no precedent for it, and, in my view, it is completely against the established practice.’
Judges:
Wynn-Parry LJ
Citations:
[1960] Ch 251
Jurisdiction:
England and Wales
Citing:
Cited – In Re Beddoe, Downes v Cottam CA 1893
A trustee had unsuccessfully defended an action against the trust in detinue for the return of deeds. He now sought protection against a costs order. Costs having been awarded against a trustee in proceeding A, the trustee sought to be indemnified . .
Cited by:
Cited – Mulkerrins v Pricewaterhouse Coopers HL 31-Jul-2003
The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, . .
Cited – 3 Individual Present Professional Trustees of 2 Trusts v an Infant Prospective Beneficiary of One Trust and others ChD 25-Jul-2007
The parties challenged under the 198 Act the right of trustees to seek a Beddoe order protecting themselves against an award of costs. . .
Lists of cited by and citing cases may be incomplete.
Trusts, Costs, Litigation Practice
Updated: 29 May 2022; Ref: scu.185414
