Beddoe, Re, Downes v Cottam
| Jurisdiction | England & Wales |
| Year | 1893 |
| Date | 1893 |
| Court | Court of Appeal |
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372 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)
... ... 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 ... ...
- Adsett v Berlouis
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Robert Hugh Thomas Davies v Ian Watkins
... ... The claim was said to be brought under the principles in Re Beddoe [1893] 1 Ch 547 ... Mr Davies' witness statement explained that he sought the court's directions "as ... ...
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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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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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And So To Beddoe: Trustee Indemnities For Litigation Costs
...in litigation on behalf of their trust since the 1893 England and Wales Court of Appeal decision in In re Beddoe, Downes v Cottam [1893] 1 Ch 547 (CA) . The principle explained in that case was "a trustee who, without the sanction of the Court, commences anaction or defends an action, unsuc......
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Recent Legal Trends In Dispute Resolution In The Cayman Islands
...Notably, Ogier has been involved in more and more interesting Beddoe applications [named after the case of In re Beddoe, Downes v Cottam [1893] 1 Ch 547 (CA)] over the past year. As you may know, these are applications by trustees for directions from a court when a trust has become involved......
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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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