St Mary & St Michael Parish Advisory Company Ltd v Westminster Roman Catholic Diocese Trustee & Ors [2006] EWHC 762 (Ch) (06 April 2006)

St Mary & St Michael Parish Advisory Company Ltd v Westminster Roman Catholic Diocese Trustee & Ors [2006] EWHC 762 (Ch) (06 April 2006)

The 1851 Trust Deed does not restrict the use of the disputed land to the sole benefit of the Parish or its parishioners; it authorises use for Roman Catholic religious and educational purposes, including schools, without a geographical limitation. The proposed use for the Learning Village, including the admission of non-Catholic pupils where Catholic demand is met first, is within the scope of the trust. Trustee decisions were not invalidated by procedural defects or reliance on the 1940 Trust Deed. If the use were outside the trust, a cy-près order would be appropriate, but it is not required.

Citation
[2006] EWHC 762 (Ch)
Parties
Claimant: ST MARY AND ST MICHAEL PARISH ADVISORY COMPANY LTD; First Defendant: THE WESTMINSTER ROMAN CATHOLIC DIOCESE TRUSTEE; Second Defendant: HER MAJESTY'S ATTORNEY-GENERAL; Third Defendant: THE VERY REVEREND CANON DIGBY JOHN SAMUELS; Fourth Defendant: THE REVEREND MARTIN JAMES HAYES
Jurisdiction
England and Wales
Judgment Date
06 April 2006
Procedural Posture
Chancery Division Trusts/charities / Judgment After Trial
Outcome
Claim dismissed; counterclaim for declaration granted
Legal Topics
Interpretation of Trust Deeds, Cy Près Doctrine, Charitable Purposes, Religious Educational Trusts, School Land Use, Parish Vs Diocesan Benefit
Charity Law Trusts Education Law Religious Law Interpretation of Trust Deeds Cy Près Doctrine Charitable Purposes Religious Educational Trusts +2 more

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Parties

ST MARY AND ST MICHAEL PARISH ADVISORY COMPANY LTD

Claimant

THE WESTMINSTER ROMAN CATHOLIC DIOCESE TRUSTEE

First Defendant

HER MAJESTY'S ATTORNEY-GENERAL

Second Defendant

THE VERY REVEREND CANON DIGBY JOHN SAMUELS

Third Defendant

THE REVEREND MARTIN JAMES HAYES

Fourth Defendant

Procedural Posture

Chancery Division Trusts/charities / Judgment After Trial

Legal Issues

  1. 1 Whether the 1851 Trust Deed restricts use of the disputed land to parish purposes only
  2. 2 Whether the proposed use for the Learning Village is consistent with the 1851 Trust Deed
  3. 3 Whether the presence of non-Catholic pupils breaches the trust

Ratio Decidendi

The 1851 Trust Deed does not restrict the use of the disputed land to the sole benefit of the Parish or its parishioners; it authorises use for Roman Catholic religious and educational purposes, including schools, without a geographical limitation. The proposed use for the Learning Village, including the admission of non-Catholic pupils where Catholic demand is met first, is within the scope of the trust. Trustee decisions were not invalidated by procedural defects or reliance on the 1940 Trust Deed. If the use were outside the trust, a cy-près order would be appropriate, but it is not required.

Court Disposition

Claim dismissed; counterclaim for declaration granted

Orders

  • Declaration that the proposed use of the disputed land for the Learning Village is within the powers of the trustees under the 1851 Trust Deed
  • No need for a cy-près order as the scheme is within the trust