Fraser and & Anor v Canterbury Diocesan Board of Finance & Anor [2004] EWCA Civ 15 (28 January 2004)

Fraser and & Anor v Canterbury Diocesan Board of Finance & Anor [2004] EWCA Civ 15 (28 January 2004)

The school ceased to be used solely for the purpose set out in the trust deed when it adopted a policy of admitting pupils outside the qualifying class and district, constituting a change of purpose and triggering reverter under section 2 of the School Sites Act 1841 long before 17 August 1975.

Citation
[2004] EWCA Civ 15
Parties
Respondent/claimant: Simon Richard Fraser; Respondent/claimant: Nathan George Fraser; Appellant/first Defendant: Canterbury Diocesan Board of Finance; Second Defendant: Integrated Services Programme
Jurisdiction
England and Wales
Judgment Date
28 January 2004
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Right of Reverter, School Sites Act 1841, Charitable Trusts, Breach of Trust, Adverse Possession
Trusts and Estates Charity Law Property Law Right of Reverter School Sites Act 1841 Charitable Trusts Breach of Trust Adverse Possession

Case Brief

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Parties

Simon Richard Fraser

Respondent/claimant

Nathan George Fraser

Respondent/claimant

Canterbury Diocesan Board of Finance

Appellant/first Defendant

Integrated Services Programme

Second Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the proceeds of sale of part of the site of St Philip's School, Maidstone, became vested in the successors in title of the grantor under a deed of trust and section 2 of the School Sites Act 1841
  2. 2 Whether the use of the school for pupils outside the qualifying class and district constituted a cessation of the trust purpose triggering reverter

Ratio Decidendi

The school ceased to be used solely for the purpose set out in the trust deed when it adopted a policy of admitting pupils outside the qualifying class and district, constituting a change of purpose and triggering reverter under section 2 of the School Sites Act 1841 long before 17 August 1975.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; terms of order agreed by parties
  • Application for permission to appeal to be dealt with on paper