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Jurisdiction(s):
United Kingdom
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Key definition
Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

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Trustee court applications for directions, approvals and protection: procedure, parties and evidence (CPR Part 8, TA 1925, Benjamin orders) in England and Wales

Practice notes
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It is fairly common for trustees to encounter obstacles when administering trusts, sometimes of a difficult or technical kind. In such circumstances, they may seek the court’s guidance, and they are likewise entitled to the court’s protection while discharging their obligations under a trust. When a trustee invites the court to exercise its powers in a matter affecting the trust, the court’s sole focus is what best serves the trust’s interests; it is not chiefly preoccupied with the rights or positions of adversarial parties. Trustees who obtain a ruling from the court of first instance are safeguarded so long as they comply with what has been determined; however, if they pursue an appeal and are unsuccessful, they face an almost inevitable order to pay Costs. A notable distinction arises when a trustee contemplates an application to the court. Where a discretion‑bearing trustee applies and yields that discretion, the court may act without constraint and determine the course that most accords with the trust’s best interests. Conversely, in the absence of any such surrender, the court will have regard to the trustees’ views and the...

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Web page updated on 22/05/2026

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