Brookwood Park Ltd v Guney & Ors

Brookwood Park Ltd v Guney & Ors

There is no credible evidence that the Trust was granted exclusive burial rights over 19 acres of Brookwood Cemetery, nor that £25,000 was paid for such rights, nor that any enforceable agreement exists; the purported deeds 1723A and 1723a are invalid and unenforceable.

Parties
Claimant: Brookwood Park Limited; Defendant: Gonul Guney; Defendant: Onder Guney; Defendant: Erkin Guney; Defendant: Gulen Musa; Defendant: Ibrahim Faik; Defendant: Ahmet Osam; Defendant: Kuzey Ersen; Defendant: Engin Faik; Defendant: Shabil Khandker; Defendant: Ahmet Khandker
Jurisdiction
England and Wales
Judgment Date
29 July 2014
Procedural Posture
Civil / Judgment
Outcome
Claim allowed; counterclaim dismissed.
Legal Topics
Exclusive Burial Rights, Validity of Deeds, Enforceability of Agreements, Estoppel, Charitable Trusts
Property Law Trusts and Estates Contract Law Exclusive Burial Rights Validity of Deeds Enforceability of Agreements Estoppel Charitable Trusts

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Parties

Brookwood Park Limited

Claimant

Gonul Guney

Defendant

Onder Guney

Defendant

Erkin Guney

Defendant

Gulen Musa

Defendant

Ibrahim Faik

Defendant

Ahmet Osam

Defendant

Kuzey Ersen

Defendant

Engin Faik

Defendant

Shabil Khandker

Defendant

Ahmet Khandker

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Trust has exclusive burial rights over 19 acres of Brookwood Cemetery
  2. 2 Validity and effect of purported deeds of grant 1723A and 1723a
  3. 3 Existence and enforceability of an agreement for exclusive burial rights

Ratio Decidendi

There is no credible evidence that the Trust was granted exclusive burial rights over 19 acres of Brookwood Cemetery, nor that £25,000 was paid for such rights, nor that any enforceable agreement exists; the purported deeds 1723A and 1723a are invalid and unenforceable.

Court Disposition

Claim allowed; counterclaim dismissed.

Orders

  • Declaration that the Trust has no exclusive burial rights in 19 acres of Brookwood Cemetery as purportedly granted by instruments 1723A or 1723a or otherwise, without prejudice to any other grant upon which the Trust may be entitled to rely.
  • Counterclaim dismissed.