Representation of VG Trustee Limited re the B Trust [2024] JRC 013 (18 January 2024)

Representation of VG Trustee Limited re the B Trust [2024] JRC 013 (18 January 2024)

Beneficiaries convened to a Beddoe application are entitled to have their costs paid out of the trust fund on the indemnity basis unless they behave unreasonably in the application itself; allegations of misconduct outside the application are not determinative for costs in the Beddoe proceedings.

Citation
[2024] JRC 013
Parties
Trustee: Representor; Beneficiaries: First to Third Respondents; Beneficiaries: Seventh to Ninth Respondents; Beneficiaries: C Beneficiaries
Jurisdiction
Jersey
Judgment Date
18 January 2024
Procedural Posture
Representation / Post Hearing Costs Determination
Outcome
Costs of C Beneficiaries to be paid out of the trust fund on the indemnity basis; orders granted as sought.
Legal Topics
Beddoe Applications, Trustee Indemnity, Beneficiary Costs, Directions Applications
Trusts Civil Procedure Beddoe Applications Trustee Indemnity Beneficiary Costs Directions Applications

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Parties

Representor

Trustee

First to Third Respondents

Beneficiaries

Seventh to Ninth Respondents

Beneficiaries

C Beneficiaries

Beneficiaries

Procedural Posture

Representation / Post Hearing Costs Determination

Legal Issues

  1. 1 Whether convened beneficiaries should have their costs paid out of the trust fund in Beddoe applications
  2. 2 Whether beneficiary conduct outside the Beddoe application affects entitlement to costs
  3. 3 Whether costs orders should be postponed pending determination of related proceedings

Ratio Decidendi

Beneficiaries convened to a Beddoe application are entitled to have their costs paid out of the trust fund on the indemnity basis unless they behave unreasonably in the application itself; allegations of misconduct outside the application are not determinative for costs in the Beddoe proceedings.

Court Disposition

Costs of C Beneficiaries to be paid out of the trust fund on the indemnity basis; orders granted as sought.

Orders

  • Costs of Representor to be paid out of the trust fund on the trustee basis.
  • Costs of Seventh to Ninth Respondents to be paid out of the trust fund on the indemnity basis.