Library FAQ: Beddoe orders

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Beddoe orders

A Beddoe application is made to the court under Part 64 of the Civil Procedure Rules for directions as to whether trustees should (or should not) bring, defend or continue to bring or defend, proceedings in their capacity as trustees. An order made in a Beddoe application authorises the trustee to do so and to be indemnified out of the trust fund in respect of the costs incurred in the proceedings to which the application relates, including any costs which he might be ordered to pay to another party to the proceedings.

Further commentary (and the source of the above) can be found in the following resources.

• Lewin, Lewin on Trusts, 20th ed. (2020) para. 48-130 (in the context of trustees)
• Rossdale, Probate and Administration of Estates, 4th ed. (2008) p. 419-424 (in the context of personal representatives).

Precedents can be found in the following resources.

Atkins Court Forms, vol. 2, Administration of Estates (2016)

• Form 124: Claim form for application by personal representatives for directions as to whether legal proceedings should be taken: Beddoe’s application
• Form 125: Witness statement in support of application
• Form 161: Order giving personal representatives permission to take or defend legal proceedings: Beddoe order

Atkin’s Court Forms, vol. 8(2), Charities (2020)

• Form 3: Order of the Charity Commission made under Section 115 of the Charities Act 2011 giving authority to trustees to apply for a Beddoe Order
• Form 53: Part 8 claim form for directions whether trustee should defend proceedings (Beddoe claim)
• Form 54: Witness statement supporting claim form for directions whether trustees should defend proceedings (Beddoe claim)
• Form 55: Order for directions to trustees to defend proceedings (Beddoe claim)

Atkin’s Court Forms, vol. 31(1) Pensions (2018), Section 2: Beddoe applications

• Forms 12 to 24 are examples of Part 8 claim forms, witness statements in support, application notice and orders

Atkin’s Court Forms, vol. 41 Trusts and Settlements (2017)

• Form 150: Part 8 claim form by trustee for directions as to sale and litigation
• Form 151: Witness statement supporting part 8 claim form

Last updated September 2022

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