Bayoumi v Women’s Total Abstinence Union Ltd and Another: ChD 21 Jan 2003

The claimant sought specific performance of a contract to purchase land from the defendant charity. The defendant had not complied with its obligations under the Act. The cliamant sought to say at the transaction came within s36(3) (that it was ‘sold’) and that he had acted in good faith.
Held: The Act allowed a disposition of charity land in breach of the Act’s requirements, but used different terms in different sections. S37(4) which might otherwise have saved the contract referred to land which had been ‘sold leased or otherwise of by a disposition’ and was intended only to apply to a completed transaction or effected disposition. The transaction here was as yet executory, and specific performance could not be granted.
Simon Berry QC
Times 04-Feb-2003, Gazette 13-Mar-2003, [2003] Ch 283, [2003] EWHC 212, [2003] 2 WLR 1287, [2003] 1 All ER 864, [2003] WTLR 317, (2003) 100(10) LSG 27, [2003] 1 P and CR DG21
Charities Act 1993 36(1) 36(5) 37(4)
England and Wales
CitedMilner v Staffordshire Congregational Union (Inc) ChD 1956
The plaintiff had contracted to buy land from a charity. The consent of the Charity Commissioners had not been obtained, but the contract was not conditional on such consent. When the charity trustess realised that consent was required they told the . .
CitedMiles v Bull 1969
The husband and wife separated and the husband sold the property in which the wife was living. He then brought an action for possession of the property against her and now sought summary judgment.
Held: Megarry J said: ‘the defendant can . .

Cited by:
Appeal fromBayoumi v Women’s Total Abstinence Union Ltd and Another CA 5-Nov-2003
A charity entered into a contract for the sale of land. It failed to comply with the requirements under the Act. The purchaser assigned the benefit of the contract, to the claimant who sought to enforce the contract.
Held: The section only . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.178853