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CPD Points:
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Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to outline to the listener the scope and purpose of the Re Beddoe jurisdiction. It will look at the issues for trustees to consider when contemplating litigation on behalf of their trusts and what consequences flow from not obtaining the protection of the court in advance as to costs.

Outcomes:
After completing the course you will:
  • When a Beddoe application will be appropriate;
  • Have an idea of how to categorise different types of trust litigation;
  • Understand the cost consequences for trustees and beneficiaries of obtaining a Beddoe Order;
  • Be aware of issues of proportionality when seeking cost protection;
  • Understand the difference between 'friendly' and 'hostile' declaratory proceedings;
  • Know the procedure for applying for a Beddoe Order;
  • Be aware of issues of confidentiality in Beddoe proceedings and when it will be appropriate to exclude certain parties;
  • Know what evidence needs to be prepared to go into an application;
  • What principles the court is likely to apply when deciding whether to grant an order.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Introduction
Legal Principles
Practical Guide
Procedural
Sources and References:
  • CPR Parts 19.8(A), 44, 48.4, 64 (and accompanying Practice Directions);
  • Settled Land Act 1925 s 92;
  • Chancery Guide;
  • Re Beddoe [1893] 1 Ch 547;
  • Alsop Wilkinson v Neary [1996] 1 WLR 1220;
  • Trustee Act 2000 s 31(1);
  • Courtney v Rumley (1871) 6 Ir R Eq 99;
  • Re Evans [1986] 1 WLR 101;
  • Re Dallaway [1982] 1 WLR 756;
  • 3 Individual Present Professional Trustees of 2 Trusts v An Infant Prospective Beneficiary of one Trust & Ors [2007] EWHC 1922 (Ch);
  • Weth v Attorney General [2001] WTLR 155;
  • McDonald v Horn [1995] 1 All ER 961.
Tags:

This podcast looks at the power of the court to indemnify trustees for costs incurred in the course of litigation on behalf of their trust - the so called Re Beddoe jurisdiction. The podcast will look at in what circumstances it will be appropriate for trustees to make a Beddoe application and the consequences for trustees of not getting the court's blessing prior to the incursion of litigation costs.

Podcast added: 28/10/09

Podcast last reviewed: 2011-09-30

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