Pettigrew & Ors v Edwards [2017] EWHC 8 (Ch) (12 January 2017)

Pettigrew & Ors v Edwards [2017] EWHC 8 (Ch) (12 January 2017)

It would be unjust to make a Beddoe order or protective costs order in this case because all substantial beneficiaries are adult and sui juris, and the litigation is in substance between them; the trustees need only play a nominal role and are not entitled to indemnity for substantive litigation costs from the trust fund.

Citation
[2017] EWHC 8 (Ch)
Parties
Claimant: Patrick James Gordon Pettigrew; Claimant: Shaun James Bell Pettigrew; Claimant: David Arthur Rule; Defendant: Edwin Colin Neale Edwards
Jurisdiction
England and Wales
Judgment Date
12 January 2017
Procedural Posture
Chancery Division, Part 8 Application / Application for Beddoe Order and Protective Costs Order
Outcome
Application dismissed
Legal Topics
Beddoe Orders, Trustee Indemnity, Protective Costs Orders, Breach of Trust, Set Off, Promissory Notes
Trusts and Estates Civil Procedure Beddoe Orders Trustee Indemnity Protective Costs Orders Breach of Trust Set Off Promissory Notes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Patrick James Gordon Pettigrew

Claimant

Shaun James Bell Pettigrew

Claimant

David Arthur Rule

Claimant

Edwin Colin Neale Edwards

Defendant

Procedural Posture

Chancery Division, Part 8 Application / Application for Beddoe Order and Protective Costs Order

Legal Issues

  1. 1 Whether trustees should be granted a Beddoe order to defend and counterclaim in proceedings concerning a promissory note and withheld income
  2. 2 Whether trustees should be indemnified out of the trust fund for costs incurred
  3. 3 Whether a protective costs order should be made

Ratio Decidendi

It would be unjust to make a Beddoe order or protective costs order in this case because all substantial beneficiaries are adult and sui juris, and the litigation is in substance between them; the trustees need only play a nominal role and are not entitled to indemnity for substantive litigation costs from the trust fund.

Court Disposition

Application dismissed

Orders

  • No Beddoe order granted
  • No protective costs order granted