White (As Executor And Trustee of the Will of Joseph Robson Deceased) v Matthys & Ors

White (As Executor And Trustee of the Will of Joseph Robson Deceased) v Matthys & Ors

The deceased was not a permissible donor under the Political Parties Elections and Referendums Act 2000, as he was not registered in an electoral register within five years before his death; the gift to the BNP constituted a prohibited foreign donation, and the BNP could not enforce the right to receive the residuary estate; the rights assigned to the trustees of the Settlement were no better than those of the BNP; therefore, the residuary estate must be distributed on intestacy to the Fourth and Fifth Defendants.

Parties
Claimant: Marc White; First Defendant: Jennifer Matthys; Second Defendant: Clive Jefferson; Third Defendant: Patrick Harrington; Fourth Defendant: Jeremy Robson; Fifth Defendant: Simon Robson; Sixth Defendant: The Judge Learned Hand Foundation for Civil and Religious Liberties
Jurisdiction
England and Wales
Judgment Date
31 January 2014
Procedural Posture
Part 8 Claim / Judgment
Outcome
Residuary estate to be distributed to Fourth and Fifth Defendants on intestacy; gift to BNP fails.
Legal Topics
Prohibition of Foreign Donations, Testamentary Disposition, Intestacy, Political Parties Elections and Referendums Act 2000
Succession Political Law Prohibition of Foreign Donations Testamentary Disposition Intestacy Political Parties Elections and Referendums Act 2000

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Marc White

Claimant

Jennifer Matthys

First Defendant

Clive Jefferson

Second Defendant

Patrick Harrington

Third Defendant

Jeremy Robson

Fourth Defendant

Simon Robson

Fifth Defendant

The Judge Learned Hand Foundation for Civil and Religious Liberties

Sixth Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether the deceased was a permissible donor under the Political Parties Elections and Referendums Act 2000
  2. 2 Whether the gift to the BNP constituted a prohibited foreign donation
  3. 3 Consequences of breach of prohibition on foreign donations

Ratio Decidendi

The deceased was not a permissible donor under the Political Parties Elections and Referendums Act 2000, as he was not registered in an electoral register within five years before his death; the gift to the BNP constituted a prohibited foreign donation, and the BNP could not enforce the right to receive the residuary estate; the rights assigned to the trustees of the Settlement were no better than those of the BNP; therefore, the residuary estate must be distributed on intestacy to the Fourth and Fifth Defendants.

Court Disposition

Residuary estate to be distributed to Fourth and Fifth Defendants on intestacy; gift to BNP fails.

Orders

  • Direction to Claimant to distribute residuary estate to Fourth and Fifth Defendants as beneficiaries on intestacy.
  • No distribution to First to Third Defendants or BNP.