3 Individual Present Professional Trustees of 2 Trusts v An Infant Prospective Beneficiary of one Trust & Ors

3 Individual Present Professional Trustees of 2 Trusts v An Infant Prospective Beneficiary of one Trust & Ors

Article 6 of the Human Rights Act does not apply to Beddoe applications as they do not determine civil rights or obligations. Trustees must err on the side of disclosure to ensure the efficacy of Beddoe relief, but disclosure to a beneficiary defendant is not absolute and may be limited or redacted to avoid unfair prejudice to the trustees' position in contemplated hostile proceedings. The extent of disclosure is a matter for the court's discretion, to be tailored to the facts, with the trustees to first consider what to disclose and redact, subject to further application if necessary.

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
Trusts Beddoe Application / Interlocutory Application Regarding Disclosure Ahead of Beddoe Hearing
Outcome
Application for wider disclosure granted in part, subject to redaction and trustees' discretion, with liberty to apply for further directions.
Legal Topics
Beddoe Applications, Trustee Disclosure Obligations, Costs Indemnity for Trustees, Human Rights Act Article 6, Disclosure to Beneficiaries
Trusts Civil Procedure Beddoe Applications Trustee Disclosure Obligations Costs Indemnity for Trustees Human Rights Act Article 6 Disclosure to Beneficiaries

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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

Trusts Beddoe Application / Interlocutory Application Regarding Disclosure Ahead of Beddoe Hearing

Legal Issues

  1. 1 Whether a beneficiary defendant to proposed hostile proceedings is entitled to disclosure of trustees' instructions to counsel, counsel's opinions, and valuation material ahead of a Beddoe application
  2. 2 Whether Article 6 of the Human Rights Act 1998 (right to a fair trial) applies to Beddoe applications
  3. 3 The extent of disclosure required by trustees to beneficiaries in Beddoe proceedings

Ratio Decidendi

Article 6 of the Human Rights Act does not apply to Beddoe applications as they do not determine civil rights or obligations. Trustees must err on the side of disclosure to ensure the efficacy of Beddoe relief, but disclosure to a beneficiary defendant is not absolute and may be limited or redacted to avoid unfair prejudice to the trustees' position in contemplated hostile proceedings. The extent of disclosure is a matter for the court's discretion, to be tailored to the facts, with the trustees to first consider what to disclose and redact, subject to further application if necessary.

Court Disposition

Application for wider disclosure granted in part, subject to redaction and trustees' discretion, with liberty to apply for further directions.

Orders

  • Trustees to consider and determine what material to disclose and what to redact in accordance with the court's guidance.
  • Mrs A and her advisers to have opportunity to respond to disclosed material.