Legal Guidance and Research / Experts / Kate Davenport
Kate Davenport#6826
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Kate Davenport , KC

Bankside Chambers
Kate’s day job is as a Queen’s Counsel practising in the areas of civil and commercial litigation with an emphasis on equity and trusts.

She a member of Bankside Chambers in Auckland and also a member of Outer Temple Chambers in London. Kate’s Inn is the Middle Temple. In 2019 Kate was appointed Ordinary (Overseas) Bencher of the Middle Temple. She is the past President of the New Zealand Bar Association.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 1983

Year Taken Silk

  • 2013

Experience

  • Solicitor (1983 - 1989)
  • Barrister Sole (1990 - 2013)
  • Queen’s Counsel (2013 - 2020)
  • Middle Temple (2015 - 2020)
  • Bencher of Middle Temple (2019 - 2020)

Membership

  • New Zealand Bar Association
  • Australasian Institute of Judicial Administration
  • Northern Club

Qualifications

  • LLB (Hons) (1982)
  • M.Jur (Distinction) Auckland University (1985)
  • Post Graduate Certificate in Health Science (Ethics) (2011)

Education

  • University of Auckland (1983 & 1985)
  • Auckland University of Technology (2011)

1 Contributions by Kate Davenport

Beddoe Applications under CPR 64 (England and Wales): Trustee costs protection, directions, evidence, parties, and differences from pre-emptive and beneficiary indemnity costs orders
PRACTICE NOTES
Beddoe Applications under CPR 64 (England and Wales): Trustee costs protection, directions, evidence, parties, and differences from pre-emptive and beneficiary indemnity costs orders
Practice Note When trustees become involved in trust litigation, questions commonly arise about how their legal expenses should be covered. In suitable circumstances, a Beddoe application is the most dependable route to ensure that costs are paid from the trust fund. While a trustee has a legal right to indemnity, prudent trustees should, where appropriate, apply to the court for permission to commence or defend proceedings by way of a Beddoe application... The application takes its name from Re Beddoe, where Lindley LJ made clear that a trustee who proceeds without the court’s sanction and is unsuccessful runs the risk of personally shouldering the costs, even when acting on counsel’s advice... This Practice Note explains when trustees ought to seek a Beddoe order, the practical approach to making such applications, how they differ from other related costs routes, and the dangers of continuing litigation without the protection afforded by a Beddoe order. The High Court has jurisdiction to give directions to trustees...
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