Beddoe Applications: What Happens If A Trustee Forgets To Apply?

The Grand Court of the Cayman Islands and the High Court in England and Wales have recently considered two unusual applications for Beddoe relief respectively: an application by a trustee for retrospective Beddoe relief after the conclusion of proceedings, and an application for a trustee for Beddoe relief in respect of bringing an appeal in the Supreme Court of England and Wales. In this article we consider the former which was considered in In the matter of the Stingray Trust (Grand Court, Cayman Islands) in January 2019 (it being well established that while decisions of the Cayman and English Courts will not be not binding in Guernsey the Royal Court may look to them for guidance in the absence of Guernsey precedent). We refer to our article "Beddoe applications: Beddoe relief for appeals" in which the latter application is considered.