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Beddoe Order

This category contains 3 posts

A little light on Beddoe applications

Glasgow Harley Trustee v McLaughlin  relates to an application for orders approving the trustees’ decision to defend proceedings against them.  As noted at [3]: “Applications of this kind are commonly referred to as Beddoe applications. A succinct description of a Beddoe application appears in Garrow and Kelly Law of Trust and Trustees: The general rule is … Continue reading

Never presume

H.W. Fowler’s opinion was that in using presume, the speaker believes the supposition is true and will believe it until he learns otherwise. In using assume, the speaker feels no certainty that his supposition is true or not. In a legal context, presume means “to take as proved until contrary evidence is presented.” Ex. The … Continue reading

Myths and liability

Trustees act personally.  As noted in the Supreme Court judgment in Macalister Todd Phillips Bodkins v AMP (emphasis added): “Liabilities incurred by a trustee in relation to a trust are always the personal liabilities of the trustee … A creditor has a personal right to sue a trustee and to get judgment and make the … Continue reading