Spencer & Ors v Fielder

Spencer & Ors v Fielder

Trustees are entitled to a protective costs order and indemnity out of Scheme assets for defending Main Proceedings up to completion of disclosure and inspection, as their actions are in substance for the benefit of Scheme members as a whole and not for personal benefit; no allegations of dishonesty or recklessness preclude indemnity at this stage.

Parties
Claimant: Paul Spencer & Others; Defendant: Mark Owen Fielder
Jurisdiction
England and Wales
Judgment Date
15 July 2014
Procedural Posture
Beddoe Proceedings / Application for Directions Prior to Defence in Main Proceedings
Outcome
Limited relief granted; trustees authorised to defend Main Proceedings and indemnified for costs up to completion of disclosure and inspection.
Legal Topics
Trustee Indemnity, Beddoe Relief, Costs Orders, Scheme Amendments, Discretionary Pension Increases
Trusts Pensions Civil Procedure Trustee Indemnity Beddoe Relief Costs Orders Scheme Amendments Discretionary Pension Increases

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 7 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Paul Spencer & Others

Claimant

Mark Owen Fielder

Defendant

Procedural Posture

Beddoe Proceedings / Application for Directions Prior to Defence in Main Proceedings

Legal Issues

  1. 1 Whether trustees should defend Main Proceedings and be indemnified out of Scheme assets
  2. 2 Whether a member should be joined as defendant in Main Proceedings with indemnity
  3. 3 Application of clause 17 indemnity provisions

Ratio Decidendi

Trustees are entitled to a protective costs order and indemnity out of Scheme assets for defending Main Proceedings up to completion of disclosure and inspection, as their actions are in substance for the benefit of Scheme members as a whole and not for personal benefit; no allegations of dishonesty or recklessness preclude indemnity at this stage.

Court Disposition

Limited relief granted; trustees authorised to defend Main Proceedings and indemnified for costs up to completion of disclosure and inspection.

Orders

  • Trustees authorised to file defence and conduct defence in Main Proceedings up to completion of disclosure and inspection.
  • Costs of and incidental to defence and present Beddoe proceedings up to date of order to be paid out of Scheme assets.