Young & Anor v HM Attorney General & Ors

Young & Anor v HM Attorney General & Ors

The Wedgwood collection is not held on a special charitable trust but is the beneficial property of the Museum Company and is available to meet the costs and liabilities of the company in insolvency, including pension liabilities.

Source-derived case information.

Parties
Claimant: Robert Michael Young and Stephen John Currie (joint administrators of Wedgwood Museum Trust Limited); Defendant: Her Majesty’s Attorney General; Defendant: Wedgwood Pension Plan Trustee Limited; Defendant: The Pension Protection Fund
Jurisdiction
England and Wales
Judgment Date
19 December 2011
Procedural Posture
Insolvency Application / Judgment on Preliminary Issue
Outcome
Collection available for creditors in insolvency
Legal Topics
Charitable Trusts, Company Property in Insolvency, Permanent Endowment, Pension Liabilities, Beneficial Ownership
Insolvency Law Charity Law Trust Law Charitable Trusts Company Property in Insolvency Permanent Endowment Pension Liabilities Beneficial Ownership

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Parties

Robert Michael Young and Stephen John Currie (joint administrators of Wedgwood Museum Trust Limited)

Claimant

Her Majesty’s Attorney General

Defendant

Wedgwood Pension Plan Trustee Limited

Defendant

The Pension Protection Fund

Defendant

Procedural Posture

Insolvency Application / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the Wedgwood collection is held by the Museum Company on a special charitable trust or beneficially as company property
  2. 2 Whether the collection is available to meet the costs and liabilities of the Museum Company in insolvency

Ratio Decidendi

The Wedgwood collection is not held on a special charitable trust but is the beneficial property of the Museum Company and is available to meet the costs and liabilities of the company in insolvency, including pension liabilities.

Court Disposition

Collection available for creditors in insolvency

Orders

  • The Wedgwood collection is available to satisfy the insolvency costs and liabilities owed to creditors of the Museum Company, including the pension deficit liability.