Buckley & Ors v Barlow & Ors

Buckley & Ors v Barlow & Ors

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 the cy-pres doctrine applies because the original purposes have failed. The gift over to the trustees is void for perpetuity and does not prevent cy-pres application. The proceeds must be applied cy-pres for charitable purposes under a scheme to be determined by the Charity Commission.

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
Originating Summons / Part 8 Claim (trusts/charity) / Judgment on Application for Directions by Trustees
Outcome
Application granted; cy-pres scheme ordered
Legal Topics
Cy Pres Doctrine, Charitable Trusts, Religious Trusts, Gift Over, Charitable Trusts (validation) Act 1954, Public Benefit, Trustee Directions
Charity Law Trusts Law Cy Pres Doctrine Charitable Trusts Religious Trusts Gift Over Charitable Trusts (validation) Act 1954 Public Benefit +1 more

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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

Originating Summons / Part 8 Claim (trusts/charity) / Judgment on Application for Directions by Trustees

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 gift over to trustees for their own benefit

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 the cy-pres doctrine applies because the original purposes have failed. The gift over to the trustees is void for perpetuity and does not prevent cy-pres application. The proceeds must be applied cy-pres for charitable purposes under a scheme to be determined by the Charity Commission.

Court Disposition

Application granted; cy-pres scheme ordered

Orders

  • The net proceeds of sale of the Ark of the Covenant are to be applied cy-pres pursuant to a scheme determined by the Charity Commission.
  • Distribution to the descendants of the Agapemonites is not legally permissible.