Beddoe, Re, Downes v Cottam
| Jurisdiction | England & Wales |
| Date | 1893 |
| Court | Court of Appeal |
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366 cases
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William Kurt Wallersteiner (Plaintiff Appellant) M. J. G Moir (Defendant Respondent) M. J. G Moir (Plaintiff on counterclaim) William Kurt Wallersteiner Hartley Baird Ltd and Another (Defendants on counterclaim)
...soon after issuing his writ should apply for the sanction of the Court in somewhat the same way as a trustee does, see Re Beddoe (1893) 1 Ch. 547, and pages 557/8. In a derivative action, I would suggest this procedure: The minority shareholder should apply exparte to the Master for directi......
- Adsett v Berlouis
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Lemos v Coutts (Cayman) Ltd
...Australian Comm. Research & Dev. Ltd. v. ANZ McCaughan Merchant Bank Ltd., [1989] 3 All E.R. 65. (2) Beddoe, In re, Downes v. Cottam, [1893] 1 Ch. 547; (1893), 37 Sol. Jo. 99, dicta of Lindley, L.J. applied. (3) Birmingham Estates Co. v. Smith(1880), 13 Ch. 506. (4) British Airways Bd. v. L......
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Re Ojjeh Trust
...Nelson for the third respondent; I. Paget-Brown and C. Quin for the fourth respondent. Cases cited: (1) Beddoe, In re, Downes v. Cottam, [1893] 1 Ch. 547; (1893), 37 Sol. Jo. 99, applied. (2) Butt v. Kelson, [1952] Ch. 197; [1952] 1 All E.R. 167, observations and dicta of Romer, L.J. and Ev......
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10 firm's commentaries
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Jersey Court Decision In Beddoe Application May Have Implications For Statutory Firewall
...JLR 26 (not reported by LexisNexis' UK), the court reaffirmed that the approach to consideration of Beddoe applications (from Re Beddoe [1893] 1 Ch 547) is broadly the same as when considering a blessing application in respect of a momentous decision, but 'slightly more nuanced' in that the......
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For Love Nor Money?... A Guide To Trustee Fees, Expenses And Service Agreements
...pens. L.R. 99 but note Bayley v SG Associates [2014] EWHC 782 (CH) 24 See Public Trustee v Cooper [2001] WTLR 901. 25 Ibid. 26 Re Beddoe [1893] 1 Ch 547. 27 In the matter of [AAA] Children's Trust. Guernsey Royal Court. 8 January Previously published in The Trusts and Wealth Management Jour......
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Third Party Claims Against Trustees: Resolving Competing Claims Over Trust Assets
...where a trustee is ultimately unsuccessful, a retrospective indemnity will only be granted in exceptional circumstances (see Re Beddoe [1893] 1 Ch 547). To mitigate the risk of personal liability, therefore, a prudent trustee is well-advised to apply to the court in advance of pursuing or d......
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Beddoe Relief: A Case Study From The Grand Court Of The Cayman Islands
...the court decide and what are the practical implications? The court recognised the well-established principle, beginning with Re Beddoe [1893] 1 Ch 547 that where a trustee pursues or defends an action unsuccessfully without the protection of a court order, it will only be granted an indemn......
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6 books & journal articles
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Table of Cases
...(Jul), [2019] 7 WLUK 385 69, 78 Bean’s Estate, Re [1944] P 83, [1944] 2 All ER 348, 113 LJP 65, PD&A 28–29 Beddoe, Re; Downes v Cottam [1893] 1 Ch 547, 62 LJ Ch 233, 68 LT 595, CA 197, 198 xiv A Practitioner’s Guide to Probate Disputes Bell v Georgiou [2002] EWHC 1080 (Ch), [2002] WTLR 1105......
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Civil Procedure
...(Cap 177A, 2010 Rev Ed), to personally bear the costs of the suit. The court accepted the proposition in In re Beddoe; Downes v CottamELR[1893] 1 Ch 547 that a trustee is entitled to a full indemnity out of the estate for all costs, charges and expenses properly incurred in an action respec......
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TRUSTEE'S DUTY OF DISCLOSURE
...& Pensions Journal 105 at 108–109. 67Breakspear v Ackland[2008] EWHC 220 at [38]. 68 Breakspear v Ackland [2008] EWHC 220 at [9]. 69 [1893] 1 Ch 547. 70 Breakspear v Ackland [2008] EWHC 220 at [10]. 71 Breakspear v Ackland [2008] EWHC 220 at [54], noted in Michael Gibbon, “Beneficiaries' In......
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Claims Against, and Removal of, Personal Representatives
...AND SANCTION OF COURT TO PURSUE OR DEFEND PROCEEDINGS A Beddoe application takes its name from the case of Re Beddoe, Downes v Cottam [1893] 1 Ch 547, CA. Although the case was concerned with the costs of bringing and defending an action relating to trustees, by implication the decision of ......
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