Cuppage & Ors v Lawson & Ors [2010] EWHC 3785 (Ch) (14 July 2010)

Cuppage & Ors v Lawson & Ors [2010] EWHC 3785 (Ch) (14 July 2010)

The 1907 Declaration of Trust, construed in its historical context, created a trust for the benefit of working men of limited means in East Grinstead, which is capable of being construed as a charitable trust for the relief of poverty. The trust is validated as charitable by the Charitable Trusts (Validation) Act 1954. Clause 9 is void for perpetuity. The proceeds of sale are held on valid charitable trusts.

Citation
[2010] EWHC 3785 (Ch)
Parties
Claimant: Alexander George Cuppage; Claimant: Christopher Robert Attewell; Claimant: Christopher Major Russell; First Defendant: Richard Lawson; Second Defendant: Robert Leigh Chignell; Third Defendant: Her Majesty's Attorney General
Jurisdiction
England and Wales
Judgment Date
14 July 2010
Procedural Posture
Part 8 Claim (chancery Division) / Judgment After Hearing
Outcome
Declaration granted: the proceeds of sale are held on valid charitable trusts as saved by the Charitable Trusts (Validation) Act 1954.
Legal Topics
Charitable Trusts, Resulting Trusts, Perpetuity, Validation of Imperfect Trusts, Recreational Charities Act, Charitable Trusts (validation) Act
Charity Law Trusts Law Charitable Trusts Resulting Trusts Perpetuity Validation of Imperfect Trusts Recreational Charities Act Charitable Trusts (validation) Act

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Parties

Alexander George Cuppage

Claimant

Christopher Robert Attewell

Claimant

Christopher Major Russell

Claimant

Richard Lawson

First Defendant

Robert Leigh Chignell

Second Defendant

Her Majesty's Attorney General

Third Defendant

Procedural Posture

Part 8 Claim (chancery Division) / Judgment After Hearing

Legal Issues

  1. 1 Whether the proceeds of sale of the former East Grinstead Working Men's Club are held on charitable trusts, resulting trusts, or other trusts
  2. 2 Whether the 1907 Declaration of Trust creates a valid charitable trust under the Charitable Trusts (Validation) Act 1954 and/or the Recreational Charities Act 1958
  3. 3 Whether clause 9 of the trust deed is void for perpetuity

Ratio Decidendi

The 1907 Declaration of Trust, construed in its historical context, created a trust for the benefit of working men of limited means in East Grinstead, which is capable of being construed as a charitable trust for the relief of poverty. The trust is validated as charitable by the Charitable Trusts (Validation) Act 1954. Clause 9 is void for perpetuity. The proceeds of sale are held on valid charitable trusts.

Court Disposition

Declaration granted: the proceeds of sale are held on valid charitable trusts as saved by the Charitable Trusts (Validation) Act 1954.

Orders

  • Declaration as to the charitable nature of the trusts under the 1907 Declaration of Trust
  • Clause 9 declared void for perpetuity