swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Charity - From: 2001 To: 2001
This page lists 6 cases, and was prepared on 20 May 2019.
Royal Society for the Prevention of Cruelty to Animals v Attorney-General and others; ChD 26-Jan-2001 - Gazette, 15 February 2001; Times, 13 February 2001; [2001] EWHC 474 (Ch); [2001] 3 All ER 530; [2001] UKHRR 905; [2002] 1 WLR 448
John Weth and Others v Her Majesty's Attorney General and Others [2001] EWCA Civ 263
23 Feb 2001
CA
Lord Justice Mummery Lord Justice Rix and Mr Justice Holman
Charity, Costs
A charitable trust had been established. Protracted disputes had taken place, and the burden of the costs required to be apportioned. The financial practices of the charity had been informal leading to confusion, and dissension. An intervention by the Charity Commission had been opposed. The judge had refused an order that the trustees who had been removed should be indemnified from the fund. Held: The order made was within the discretion available to the judge. He had obtained all the necessary information about the matter. The appeals entered into by the applicants had no possible benefit for the charity. It was pointless, and there was no reason for the applicants to be indemnified in costs.
1 Cites
[ Bailii ]
In the Matter of the Will of 23rd July 1987 of Clara Broadbent Dec'd Times, 27 June 2001; Gazette, 12 July 2001; [2001] EWCA Civ 714
17 May 2001
CA
Wills and Probate, Charity
A will left a charitable bequest to a particular church at a particular pace. Before the testator's death the church was demolished, and the land sold for residential development. Held: As a matter of construction, that the closure of the church did not lead to a failure of the church charity, in this particular case. The destiny of gifts to named charitable institutions located at specific premises, which had gone before the gift took effect, raised difficult questions, but in this case the gift did not fail.
[ Bailii ]
Regina (on the Application of Elizabeth Heather; Martin Ward; Hilary Callin) v The Leonard Cheshire Foundation and H M Attorney General; Admn 15-Jun-2001 - [2001] EWHC Admin 429
Hitchin Cow Commoners Trust, Re [2001] EWHC Ch 468
5 Dec 2001
ChD
Mr Justice Lawrence Collins
Land, Charity
Land was registered as a common. Rights had been created over the land under the 1882 Act after the Inclosure Acts. Were these rights in the nature of charitable trusts? No use of the land as a cow common had taken place with living memory, and most of the land had been occupied as a football club under leases. Held: The issue was as to whether trust was for the intended beneficiaries as a class of resident freemen, or a decision of general application on the nature of the interest of commoners in the compensation fund. The beneficiaries of the trust for use as common land for grazing are the occupiers from time to time. The Commissioners had correctly declared a trust of the land, and being a trust for the residents of a town, it was charitable.
Commons Registration Act 1965 - Commonable Rights Compensation Act 1882
1 Cites
[ Bailii ]
H M Attorney General v Hyde and others [2001] EWHC Ch 464
5 Dec 2001
ChD
Mr Justice Lawrence Collins
Charity, Land
Land had been acquired by the trustees' predecessors under the 1882 Act. The question was now whether it was subject to charitable trusts. Money having been received from the acquisition of the rights, a meeting had been held to determine the trusts upon which it was to be held. The express trusts were for the land to be held as common land and for part to be used for football and cricket. Much was now occupied by a football club. The people who might benefit from any private property rights could no longer be identified. Held: The beneficiaries of the trust for use as common land for grazing are the occupiers from time to time. It was open to the Commissioners to approve a resolution for the creation of dual trust, for its use for grazing purposes by the then relevant occupiers from time to time, and for recreation. The trust so created is a charitable trust. The purpose for use as common grazing land is outdated and a cy pres scheme is to be created.
Land Clauses Consolidation Act 1845 - Commons Registration Act 1965 - Commonable Rights Compensation Act 1882
1 Cites
