Re Beddoe Order meaning

Costs The expense of contested litigation in England and Wales can be substantial. Under the Civil Procedure Rules 1998, there is a risk that the court will require one party-typically the unsuccessful side-to pay some or all of the other party or parties’ costs. Charities that are involved in, or thinking about becoming involved in, litigation face a series of interlinked considerations. This potential exposure to adverse costs can be a pivotal factor. Careful assessment is vital before taking any matter to court now. Civil litigation cost rules in England and Wales The default position-subject to specific exceptions and the provisions of the Civil Procedure Rules 1998-is that the court has discretion over the costs of civil proceedings, whether or not a charity is a party. See Overviews: Principles of costs recovery-overview and Costs orders-overview (available subject to subscription). Cost rules where the Attorney General and relators are concerned If the Attorney General must be joined to proceedings, the court must consider the nature of the claim...

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...