Application for an order that the claimants as trustees of the will of Veronica Ann Edwards deceased (i) have permission to continue to defend a claim brought against in an earlier claim, and to make a counterclaim in that claim, and (ii) be indemnified out of the trust fund in respect of all costs properly incurred by them in connection with the claim and counterclaim. In other words, this is a claim for a Beddoe order (see Re Beddoe [1893] 1 Ch 547) and also for a protective costs order.
Held: Refused. In substantial part the claim was to the personal benefit of the trustees, and neither a Beddoe nor a protective order was necessary.
Judges:
Master Matthews
Citations:
[2017] EWHC 8 (Ch)
Links:
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 . .
Lists of cited by and citing cases may be incomplete.
Costs, Wills and Probate
Updated: 28 January 2022; Ref: scu.573206