Hanchett-Stamford v Attorney General & Ors [2008] EWHC 330 (Ch) (27 February 2008)

Hanchett-Stamford v Attorney General & Ors [2008] EWHC 330 (Ch) (27 February 2008)

The League was not and never became a charity because one of its significant purposes was to change the law, which precludes charitable status. Upon the death of Mr Hanchett-Stamford, the League ceased to exist, and Mrs Hanchett-Stamford, as the sole surviving member, is entitled to the assets free from restriction.

Citation
[2008] EWHC 330 (Ch)
Parties
Claimant: Kathleen Desmonde Hanchett-Stamford; First Defendant: H. M. Attorney-General; Second Defendant: Dr. William Johnston Jordan; Intervener: Barclays Bank Trust Company Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2008
Procedural Posture
Chancery Division Civil / Judgment After Trial
Outcome
Declaration that the League is not a charity; refusal of orders sought by claimant; declaration that Mrs Hanchett-Stamford is entitled to the assets as sole surviving member.
Legal Topics
Unincorporated Associations, Charitable Status, Bona Vacantia, Beneficial Ownership of Assets, Dissolution of Associations
Trusts and Estates Charity Law Property Law Unincorporated Associations Charitable Status Bona Vacantia Beneficial Ownership of Assets Dissolution of Associations

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Parties

Kathleen Desmonde Hanchett-Stamford

Claimant

H. M. Attorney-General

First Defendant

Dr. William Johnston Jordan

Second Defendant

Barclays Bank Trust Company Limited

Intervener

Procedural Posture

Chancery Division Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Performing and Captive Animals Defence League is a charity
  2. 2 To whom the assets of the League belong upon dissolution
  3. 3 Whether the sole surviving member is entitled to the assets

Ratio Decidendi

The League was not and never became a charity because one of its significant purposes was to change the law, which precludes charitable status. Upon the death of Mr Hanchett-Stamford, the League ceased to exist, and Mrs Hanchett-Stamford, as the sole surviving member, is entitled to the assets free from restriction.

Court Disposition

Declaration that the League is not a charity; refusal of orders sought by claimant; declaration that Mrs Hanchett-Stamford is entitled to the assets as sole surviving member.