Hanchett-Stamford v Attorney General & Ors

Hanchett-Stamford v Attorney General & Ors

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 League's assets free from restriction.

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
Civil / Judgment After Trial
Outcome
Declaration that the League was not and never became a charity; assets belong to the sole surviving member; refusal of orders sought for appointment of trustees or transfer to charity.
Legal Topics
Unincorporated Associations, Charitable Status, Bona Vacantia, Resulting Trusts, Dissolution of Associations
Trusts and Estates Property Law Charity Law Unincorporated Associations Charitable Status Bona Vacantia Resulting Trusts 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

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Performing and Captive Animals Defence League was or became 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 of an unincorporated association

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 League's assets free from restriction.

Court Disposition

Declaration that the League was not and never became a charity; assets belong to the sole surviving member; refusal of orders sought for appointment of trustees or transfer to charity.