Jurisdiction(s):
United Kingdom

Related legal acts

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...

Trust litigation in England and Wales: court jurisdiction, inherent powers, parties, evidence, disclosure and trial procedure

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Practice notes

Trust litigation is commonly divided into three distinct forms:

a disagreement concerning the trusts upon which trustees are said to hold the subject matter of the trust
a disagreement with one or more beneficiaries about the propriety of any step the trustees have taken, omitted to take, or may or may not take in the future
a disagreement with persons, otherwise than in their capacity as beneficiaries, regarding rights and Liabilities assumed by the trustees as such in the course of administering the trust

The first type may be amicable, in that the court’s assistance is sought to settle the construction of an instrument; equally, it can be hostile, for example where the validity of the trust itself is impugned. The dividing line between a friendly and a hostile matter can be hard to draw.

The second type is the more recognisable Beneficiary dispute, such as where a Breach of trust is alleged.

The third typically arises where difficulties in contract or tort emerge with a third party.

Jurisdiction

The trust is a creation of equity and of the Court of Chancery, which in...

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Web page updated on 22/05/2026

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