White (As Executor And Trustee of the Will of Joseph Robson Deceased) v Matthys & Ors [2014] EWHC 295 (Ch) (31 January 2014)

White (As Executor And Trustee of the Will of Joseph Robson Deceased) v Matthys & Ors [2014] EWHC 295 (Ch) (31 January 2014)

The deceased was not a permissible donor under the 2000 Act as he was not registered in an electoral register within five years before his death. The BNP received and accepted a donation in breach of section 54 by executing the Deed of Variation. The assignment of rights to the Settlement did not cure the breach....

Source-derived case information.

Citation
[2014] EWHC 295 (Ch)
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 (directions Under CPR R. 64.2(a)) / Judgment After Trial
Outcome
Residuary estate to be distributed on intestacy to the fourth and fifth defendants; gift to BNP and Settlement fails.
Legal Topics
Prohibition of Foreign Donations to Political Parties, Interpretation of Political Parties Elections and Referendums Act 2000, Testamentary Gifts to Political Parties, Intestacy, Assignment of Rights Under a Will
Wills and Probate Election Law Charity Law Prohibition of Foreign Donations to Political Parties Interpretation of Political Parties Elections and Referendums Act 2000 Testamentary Gifts to Political Parties Intestacy Assignment of Rights Under a Will

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Summary, issues, holding and outcome

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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 (directions Under CPR R. 64.2(a)) / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased was a 'permissible donor' under the Political Parties Elections and Referendums Act 2000
  2. 2 Whether the BNP received and accepted a donation in breach of section 54 of the 2000 Act
  3. 3 Whether the Deed of Variation could cure the breach or redirect the gift lawfully

Ratio Decidendi

The deceased was not a permissible donor under the 2000 Act as he was not registered in an electoral register within five years before his death. The BNP received and accepted a donation in breach of section 54 by executing the Deed of Variation. The assignment of rights to the Settlement did not cure the breach. The court cannot direct distribution to the BNP or its assignees, and the residuary estate must pass on intestacy to the fourth and fifth defendants.

Court Disposition

Residuary estate to be distributed on intestacy to the fourth and fifth defendants; gift to BNP and Settlement fails.

Orders

  • Direction that the claimant distribute the residuary estate to the fourth and fifth defendants as beneficiaries on intestacy.