Pettigrew & Ors v Edwards

Pettigrew & Ors v Edwards

It would be unjust to make a Beddoe or protective costs order where all substantive beneficiaries are adult and sui juris, and the litigation is carried out for their benefit; trustees need only play a nominal role and are not entitled to substantive indemnity from the trust fund for costs incurred in defending or prosecuting the claim.

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
Application Under CPR Part 8 for Beddoe and Protective Costs Orders / Ruling on Beddoe and Protective Costs Orders
Outcome
Application for Beddoe and protective costs orders refused.
Legal Topics
Beddoe Orders, Protective Costs Orders, Trustee Indemnity, Breach of Trust, Set Off, Statute Barred Debts
Trusts Estate Administration Beddoe Orders Protective Costs Orders Trustee Indemnity Breach of Trust Set Off Statute Barred Debts

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Parties

Patrick James Gordon Pettigrew

Claimant

Shaun James Bell Pettigrew

Claimant

David Arthur Rule

Claimant

Edwin Colin Neale Edwards

Defendant

Procedural Posture

Application Under CPR Part 8 for Beddoe and Protective Costs Orders / Ruling on Beddoe and Protective Costs Orders

Legal Issues

  1. 1 Whether trustees should be granted a Beddoe order to defend and counterclaim in litigation involving 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 or protective costs order where all substantive beneficiaries are adult and sui juris, and the litigation is carried out for their benefit; trustees need only play a nominal role and are not entitled to substantive indemnity from the trust fund for costs incurred in defending or prosecuting the claim.

Court Disposition

Application for Beddoe and protective costs orders refused.

Orders

  • No Beddoe order granted.
  • No protective costs order granted.