Young & Anor v HM Attorney General & Ors [2011] EWHC 3782 (Ch) (19 December 2011)

Young & Anor v HM Attorney General & Ors [2011] EWHC 3782 (Ch) (19 December 2011)

The Wedgwood collection is not held on a special charitable trust but is the beneficial property of the Museum Company and is therefore available to satisfy the insolvency costs and liabilities owed to creditors, including the pension deficit liability.

Citation
[2011] EWHC 3782 (Ch)
Parties
Claimant: Robert Michael Young and Stephen John Currie (joint administrators of Wedgwood Museum Trust Limited); First Defendant: Her Majesty's Attorney General; Second Defendant: Wedgwood Pension Plan Trustee Limited; Third Defendant: The Pension Protection Fund
Jurisdiction
England and Wales
Judgment Date
19 December 2011
Procedural Posture
Application for Directions in Insolvency Proceedings / First Instance Judgment
Outcome
Collection is available to meet insolvency costs and liabilities of the Museum Company.
Legal Topics
Charitable Trusts, Company Property in Insolvency, Permanent Endowment, Pension Deficit Liability, Ownership of Museum Collections
Insolvency Law Charity Law Trusts Law Charitable Trusts Company Property in Insolvency Permanent Endowment Pension Deficit Liability Ownership of Museum Collections

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Parties

Robert Michael Young and Stephen John Currie (joint administrators of Wedgwood Museum Trust Limited)

Claimant

Her Majesty's Attorney General

First Defendant

Wedgwood Pension Plan Trustee Limited

Second Defendant

The Pension Protection Fund

Third Defendant

Procedural Posture

Application for Directions in Insolvency Proceedings / First Instance Judgment

Legal Issues

  1. 1 Whether the Wedgwood collection is held by the Museum Company on a special charitable trust or as its beneficial property
  2. 2 Whether the collection is available to meet the costs and liabilities of the Museum Company in insolvency

Ratio Decidendi

The Wedgwood collection is not held on a special charitable trust but is the beneficial property of the Museum Company and is therefore available to satisfy the insolvency costs and liabilities owed to creditors, including the pension deficit liability.

Court Disposition

Collection is available to meet insolvency costs and liabilities of the Museum Company.

Orders

  • The Wedgwood collection is available to satisfy the insolvency costs and liabilities owed to creditors of the Museum Company.