Costs of 3 rd Party Proceedings – Trustee Loses If the trustee is the loser and it is ordered to pay the winner's costs, the trustee will have to bear both sets of costs – this is where a Beddoes order is crucial and protects the trustee Without a Beddoes order, the trustee will have to argue that bringing or defending the claim was in the interest of the trust and thus that the costs were properly incurred – difficult to do when you have lost With a Beddoes order, the trustee will be able to be indemnified from the fund provided that the fund is large enough to cover the costs liability
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