Rittson-Thomas & Ors v Oxfordshire County Council

Rittson-Thomas & Ors v Oxfordshire County Council

The land ceased to be used for statutory purposes when the school was vacated in 2006, and the subsequent sale in 2007 did not prevent a reverter. The statutory power of sale under s.14 of the 1841 Act is only exercisable up to the moment when the land ceases to be used for those purposes. Keeping the site vacant pending sale does not constitute use for educational purposes.

Parties
Claimant/appellant: Michael Rittson-Thomas; Claimant/appellant: Hugo Rittson-Thomas; Claimant/appellant: Kim Hughes; Defendant/respondent: Oxfordshire County Council
Jurisdiction
England and Wales
Judgment Date
21 February 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
School Sites Act 1841, Reverter of Sites Act 1987, Trusts of Land and Appointment of Trustees Act 1996, Charitable Trusts, Reverter Provisions, Statutory Interpretation
Property Law Trusts Law Education Law School Sites Act 1841 Reverter of Sites Act 1987 Trusts of Land and Appointment of Trustees Act 1996 Charitable Trusts Reverter Provisions +1 more

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Parties

Michael Rittson-Thomas

Claimant/appellant

Hugo Rittson-Thomas

Claimant/appellant

Kim Hughes

Claimant/appellant

Oxfordshire County Council

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the removal of the school from its original site triggered a reverter under s.2 of the School Sites Act 1841
  2. 2 Whether the statutory power of sale under s.14 of the 1841 Act was operable to prevent a trust arising under s.1(1) of the 1987 Act
  3. 3 Whether the land continued to be used for statutory purposes after the school was vacated

Ratio Decidendi

The land ceased to be used for statutory purposes when the school was vacated in 2006, and the subsequent sale in 2007 did not prevent a reverter. The statutory power of sale under s.14 of the 1841 Act is only exercisable up to the moment when the land ceases to be used for those purposes. Keeping the site vacant pending sale does not constitute use for educational purposes.

Court Disposition

Appeal allowed

Orders

  • The proceeds of sale of the old school site are held on trust for the claimants as successors in title to the original grantor.