Buckley & Ors v Barlow & Ors [2016] EWHC 3017 (Ch) (01 December 2016)

Buckley & Ors v Barlow & Ors [2016] EWHC 3017 (Ch) (01 December 2016)

The 1892 Trust Deed, though not exclusively charitable on its face, is validated as an exclusively charitable trust by the Charitable Trusts (Validation) Act 1954. The trust was for the advancement of religion and thus charitable in law. The cy-pres doctrine applies because the original purpose has failed, and the...

Source-derived case information.

Citation
[2016] EWHC 3017 (Ch)
Parties
Claimant: Jonathan Buckley; Claimant: Patricia Gore; Claimant: Jane Alison Linklater; Defendant: Catherine Jane Barlow; Defendant: Angela Patricia Ruth Webber; Defendant: Victoria Jane Dyson; Defendant: Sara Rachel Smyth-Riberio; Defendant: Ann Buckley; Defendant: Margaret Campbell; Defendant: Her Majesty's Attorney-General
Jurisdiction
England and Wales
Judgment Date
01 December 2016
Procedural Posture
Part 8 Claim (charity/trusts) / Judgment on Application for Directions
Outcome
Application granted. Directions given.
Legal Topics
Charitable Trusts, Cy Pres Doctrine, Validation of Imperfect Trusts, Religious Charities, Public Benefit, Gift Over Clauses
Charity Law Trusts Law Charitable Trusts Cy Pres Doctrine Validation of Imperfect Trusts Religious Charities Public Benefit Gift Over Clauses

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Parties

Jonathan Buckley

Claimant

Patricia Gore

Claimant

Jane Alison Linklater

Claimant

Catherine Jane Barlow

Defendant

Angela Patricia Ruth Webber

Defendant

Victoria Jane Dyson

Defendant

Sara Rachel Smyth-Riberio

Defendant

Ann Buckley

Defendant

Margaret Campbell

Defendant

Her Majesty's Attorney-General

Defendant

Procedural Posture

Part 8 Claim (charity/trusts) / Judgment on Application for Directions

Legal Issues

  1. 1 Whether the 1892 Trust Deed created exclusively charitable trusts
  2. 2 Whether the proceeds of sale of the church can be applied cy-pres
  3. 3 Effect of the Charitable Trusts (Validation) Act 1954 on the trust

Ratio Decidendi

The 1892 Trust Deed, though not exclusively charitable on its face, is validated as an exclusively charitable trust by the Charitable Trusts (Validation) Act 1954. The trust was for the advancement of religion and thus charitable in law. The cy-pres doctrine applies because the original purpose has failed, and the trust was an outright or perpetual gift for charity. The proceeds must be applied cy-pres under a scheme to be determined by the Charity Commission.

Court Disposition

Application granted. Directions given.

Orders

  • The net proceeds of sale of the Ark of the Covenant church are to be applied cy-pres pursuant to a scheme determined by the Charity Commission.