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For the attack

Major changes in the way civil litigation will be funded took effect on 1 April 2013, as the reforms proposed in Lord Justice Jackson's final Review on Civil Litigation Costs are rolled out across England and Wales. The reforms, and in particular those to conditional fee agreements and damages based agreements, have the potential to significantly impact trust litigation. Nicholas Holland and Alison Chaloner review these two specific funding types

19 April 2013

Trustees are unusual litigants. They are obliged to pursue good claims where there are sufficient funds to do (see Re Brogden; Billing v Brogden (1888) 38 Ch D 546). They are not able to consider all the other factors that a businessperson or other individual may consider in deciding whether to prosecute proceedings, such as the relationships the litigation will imperil, the stress inherent in legal proceedings, the inconvenience of the litigation process or the fear that business may avoid the litigious trustee.

However, trustees must consider whether a Beddoe application prior to litigation is warranted. As long as a trust has sufficient funds to pursue a good claim, a trustee has a duty to pursue that claim.

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