Parent Governors of the School disputed the appointment by the defendant of representatives to the school governors, saying that they were ineligible in that parents of current students should have been appointed in their stead if available.
Held: The duty to appoint trustees from existing parents had already been satisfied at the time of the appointment of the trustees in question, and therefore the appointments were lawful.
Sir Richard Buxton dissenting, said that the term ‘eligible’ was not defined, but was to be read as ‘fit and proper’. A person who could only be appointed if there was no parent avaiable to stand could not be described as eligible without evidence of the satisfaction of the precondition.
Judges:
Rix, Janet Smith, LJJ, Sir Richard Buxton
Citations:
[2011] EWCA Civ 433
Links:
Statutes:
School Standards and Framework Act 1998
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Inner London Education Authority ex parte Brunyate HL 1989
A trustee with an unlimited power of appointment has an unfettered discretion in his use of the power, but the trustee once appointed owes no duty to the appointor, and must act independently as a trustee. . .
Cited – Perrin and Another v Northampton Borough Council and others CA 19-Dec-2007
The land owners had sought permission to fell an oak tree subject to a tree preservation order in order to prevent further damage from its roots.
Held: The council’s appeal succeeded. The court was asked to decide whether any works to the tree . .
Lists of cited by and citing cases may be incomplete.
Trusts, Education
Updated: 06 September 2022; Ref: scu.432721
