Middlewich Town Council v Middlewich Cemetery Joint Committee Board & Ors

Middlewich Town Council v Middlewich Cemetery Joint Committee Board & Ors

The Court found that the Cemetery is owned by the Claimant and subject to the Local Government Act 1972, rendering the Tomlin Order void. The Defendants must deliver up all records and control of the Cemetery, provide an account for all funds, and explain discrepancies. The injunction is extended to the First to Sixth Defendants, including material relating to the Outlook email account and all relevant bank accounts. The Sixth and Seventh Defendants are not liable to provide an account or bear liability for misappropriated funds due to lack of involvement.

Parties
Claimant: Middlewich Town Council; First Defendant: Middlewich Cemetery Joint Committee Board; Second Defendant: Simon McGrory; Third Defendant: Jean Eaton; Fourth Defendant: Sonya Edwards; Fifth Defendant: Claire Armstrong; Sixth Defendant: Nicola Antoney; Seventh Defendant: William Walmsley
Jurisdiction
England and Wales
Judgment Date
02 May 2026
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim substantially allowed; Tomlin Order set aside; injunction and orders for account granted against First to Fifth Defendants and in part against Sixth Defendant; further hearing ordered for ancillary matters.
Legal Topics
Statutory Interpretation of Local Government Act 1972, Delegation of Statutory Functions, Injunctions, Misappropriation of Public Funds, Bank Account Control, Provision of Accounts, Tomlin Orders, Ownership of Public Cemeteries
Local Government Law Trusts and Estates Civil Procedure Statutory Interpretation of Local Government Act 1972 Delegation of Statutory Functions Injunctions Misappropriation of Public Funds Bank Account Control +3 more

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Parties

Middlewich Town Council

Claimant

Middlewich Cemetery Joint Committee Board

First Defendant

Simon McGrory

Second Defendant

Jean Eaton

Third Defendant

Sonya Edwards

Fourth Defendant

Claire Armstrong

Fifth Defendant

Nicola Antoney

Sixth Defendant

William Walmsley

Seventh Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Tomlin Order was void and should be set aside due to statutory illegality
  2. 2 Whether the Claimant is the lawful owner and burial authority for the Cemetery
  3. 3 Whether the Defendants must deliver up all records and control of the Cemetery

Ratio Decidendi

The Court found that the Cemetery is owned by the Claimant and subject to the Local Government Act 1972, rendering the Tomlin Order void. The Defendants must deliver up all records and control of the Cemetery, provide an account for all funds, and explain discrepancies. The injunction is extended to the First to Sixth Defendants, including material relating to the Outlook email account and all relevant bank accounts. The Sixth and Seventh Defendants are not liable to provide an account or bear liability for misappropriated funds due to lack of involvement.

Court Disposition

Claim substantially allowed; Tomlin Order set aside; injunction and orders for account granted against First to Fifth Defendants and in part against Sixth Defendant; further hearing ordered for ancillary matters.

Orders

  • Tomlin Order set aside and stay on 2022 proceedings lifted.
  • 2022 and 2025 proceedings consolidated.