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: 2003 To: 2003
This page lists 2 cases, and was prepared on 20 May 2019.
Bayoumi v Women's Total Abstinence Union Ltd and Another Times, 04 February 2003; Gazette, 13 March 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
21 Jan 2003
ChD
Simon Berry QC
Charity, Land
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.
Charities Act 1993 36(1) 36(5) 37(4)
1 Cites
1 Citers
Bayoumi v Women's Total Abstinence Union Ltd and Another Times, 05 November 2003
5 Nov 2003
CA
Chadwick, Rix LJJ
Charity, Land, Company
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 allowed a completed transaction to be rescued. An uncompleted contract was not itself a sale or transaction to which 36(1) could apply. The section did not f make the transaction void, but in the absence of an order of the court or the Charity Commission a transfer made following the contract would be void. Because the purchaser had become aware of the failure before completion, he could not compel completion. Directors of a charitable company would be acting ultra vires in entering into such a contract, and therefore the transaction could not either be saved under sections 35, 35A of the 1985 Act. The transaction could not be rescued.
Charities Act 1993 36(1) 37(4) - Companies Act 1985 35 35A
1 Cites
