3 Individual Present Professional Trustees of 2 Trusts v An Infant Prospective Beneficiary of one Trust & Ors [2007] EWHC 1922 (Ch) (25 July 2007)

3 Individual Present Professional Trustees of 2 Trusts v An Infant Prospective Beneficiary of one Trust & Ors [2007] EWHC 1922 (Ch) (25 July 2007)

The court held that Beddoe applications do not amount to a determination of civil rights and obligations for the purposes of Article 6 of the Human Rights Act 1998. However, trustees must make full and fair disclosure to the court, and, where appropriate, to a beneficiary who is a prospective defendant, subject to redaction to avoid unfair prejudice to the trust. The extent of disclosure is a matter for the court's discretion, balancing the need for fairness with the protection of the trust's interests.

Citation
[2007] EWHC 1922 (Ch)
Parties
Appellant/claimant: 3 Individual Present Professional Trustees of 2 Trusts; Respondent/defendant: An infant prospective beneficiary of one trust; Respondent/defendant: Mrs A (adult beneficiary of the other trust)
Jurisdiction
England and Wales
Judgment Date
25 July 2007
Procedural Posture
Beddoe Application (trusts) / Interlocutory Application Regarding Disclosure and Procedure Ahead of Beddoe Hearing
Outcome
Application for broader disclosure granted in part, subject to redaction and further guidance; procedural directions for the Beddoe hearing given.
Legal Topics
Beddoe Applications, Trustee Costs and Indemnity, Disclosure Obligations, Human Rights Act Article 6, Procedural Fairness in Trust Litigation
Trusts and Equity Civil Procedure Beddoe Applications Trustee Costs and Indemnity Disclosure Obligations Human Rights Act Article 6 Procedural Fairness in Trust Litigation

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Parties

3 Individual Present Professional Trustees of 2 Trusts

Appellant/claimant

An infant prospective beneficiary of one trust

Respondent/defendant

Mrs A (adult beneficiary of the other trust)

Respondent/defendant

Procedural Posture

Beddoe Application (trusts) / Interlocutory Application Regarding Disclosure and Procedure Ahead of Beddoe Hearing

Legal Issues

  1. 1 Whether a beneficiary (Mrs A) is entitled to disclosure of materials (including counsel's opinions, instructions, and valuation evidence) ahead of a Beddoe application by trustees
  2. 2 Whether Article 6 of the Human Rights Act 1998 (right to a fair trial) applies to Beddoe applications
  3. 3 What principles govern disclosure to a beneficiary who is a prospective defendant in contemplated trust proceedings

Ratio Decidendi

The court held that Beddoe applications do not amount to a determination of civil rights and obligations for the purposes of Article 6 of the Human Rights Act 1998. However, trustees must make full and fair disclosure to the court, and, where appropriate, to a beneficiary who is a prospective defendant, subject to redaction to avoid unfair prejudice to the trust. The extent of disclosure is a matter for the court's discretion, balancing the need for fairness with the protection of the trust's interests.

Court Disposition

Application for broader disclosure granted in part, subject to redaction and further guidance; procedural directions for the Beddoe hearing given.

Orders

  • Trustees to review and determine what materials to disclose, redact, or withhold in accordance with the court's guidance.
  • Mrs A to be given time to consider disclosed materials and raise further issues if necessary.