University of London v Prag & Anor [2014] EWHC 3564 (Ch) (06 November 2014)

University of London v Prag & Anor [2014] EWHC 3564 (Ch) (06 November 2014)

The Warburg Institute is part of UOL but subject to special trusts under the 1944 Deed. The Collection, including additions by purchase or gift, is held on trust. UOL is obliged to maintain and preserve the Institute as an independent unit, adequately equipped and staffed, but the land and buildings are not held on trust. UOL's management and charges must comply with the Deed, and the Attorney General may enforce these obligations as trust obligations.

Citation
[2014] EWHC 3564 (Ch)
Parties
Claimant: University of London; First Defendant: Professor John Prag; Second Defendant: Her Majesty's Attorney General
Jurisdiction
England and Wales
Judgment Date
06 November 2014
Procedural Posture
Construction Summons / Judgment
Legal Topics
Construction of Trust Deed, Charitable Trusts, Ownership of Property, Administration of Charitable Institutions
Trusts Charity Law Property Law Construction of Trust Deed Charitable Trusts Ownership of Property Administration of Charitable Institutions

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Parties

University of London

Claimant

Professor John Prag

First Defendant

Her Majesty's Attorney General

Second Defendant

Procedural Posture

Construction Summons / Judgment

Legal Issues

  1. 1 Whether the Warburg Collection is held by UOL as corporate property or on charitable trust
  2. 2 Scope of the trust under the 1944 Deed
  3. 3 Ownership of land, buildings, and accretions to the Library

Ratio Decidendi

The Warburg Institute is part of UOL but subject to special trusts under the 1944 Deed. The Collection, including additions by purchase or gift, is held on trust. UOL is obliged to maintain and preserve the Institute as an independent unit, adequately equipped and staffed, but the land and buildings are not held on trust. UOL's management and charges must comply with the Deed, and the Attorney General may enforce these obligations as trust obligations.