Fraser and & Anor v Canterbury Diocesan Board of Finance & Anor

Fraser and & Anor v Canterbury Diocesan Board of Finance & Anor

The school’s use for educating persons outside the qualifying class and district constituted a change in purpose from that specified in the trust deed. This change triggered the right of reverter under section 2 of the School Sites Act 1841 long before 17 August 1975. The judge erred in treating the school’s purpose as twofold; the factual findings supported a single, changed purpose inconsistent with the trust.

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, Trust Purposes, Adverse Possession, Reverter of Sites Act 1987
Trusts Property Law Charity Law Right of Reverter School Sites Act 1841 Trust Purposes Adverse Possession Reverter of Sites Act 1987

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 pursuant to 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’s use for educating persons outside the qualifying class and district constituted a change in purpose from that specified in the trust deed. This change triggered the right of reverter under section 2 of the School Sites Act 1841 long before 17 August 1975. The judge erred in treating the school’s purpose as twofold; the factual findings supported a single, changed purpose inconsistent with the trust.

Court Disposition

Appeal allowed

Orders

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