White & Ors v Williams & Ors

White & Ors v Williams & Ors

The court's cy-près jurisdiction is engaged due to the schism in the Bibleway Church UK, resulting in trustees disconnected from the original congregations and unable to administer the properties in accordance with the spirit of the original gifts. The properties should be transferred to new trustees representing the respective congregations, with terms reflecting the spirit of the original gifts and subject to resolution of trustee indemnity and creditor claims.

Parties
Claimant: Michael White; Claimant: Monica Knight; Claimant: Claudette Brown; Claimant: Genie White; Claimant: Yvonne Palmer; Claimant: Michael Clarke; Defendant: Lynwal Williams; Defendant: Kay Duncan; Defendant: David Ogunlana; Defendant: Leon Williams; Defendant: HM Attorney General
Jurisdiction
England and Wales
Judgment Date
05 April 2010
Procedural Posture
Civil / Judgment
Outcome
Cy-près jurisdiction engaged; scheme(s) to be made or directed for transfer of church properties to new trustees representing respective congregations; further hearing required for indemnity and creditor issues.
Legal Topics
Cy Près Scheme, Schism, Charitable Property, Trustee Indemnity, Church Property Transfer
Charity Law Trusts Religious Organisations Cy Près Scheme Schism Charitable Property Trustee Indemnity Church Property Transfer

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Parties

Michael White

Claimant

Monica Knight

Claimant

Claudette Brown

Claimant

Genie White

Claimant

Yvonne Palmer

Claimant

Michael Clarke

Claimant

Lynwal Williams

Defendant

Kay Duncan

Defendant

David Ogunlana

Defendant

Leon Williams

Defendant

HM Attorney General

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the court's cy-près jurisdiction is engaged for the Bibleway Trust properties due to schism
  2. 2 Whether the Lewisham Building and other church properties should be transferred to new trustees representing the respective congregations
  3. 3 Whether the terms of transfer should include limitations reflecting the spirit of the original gifts

Ratio Decidendi

The court's cy-près jurisdiction is engaged due to the schism in the Bibleway Church UK, resulting in trustees disconnected from the original congregations and unable to administer the properties in accordance with the spirit of the original gifts. The properties should be transferred to new trustees representing the respective congregations, with terms reflecting the spirit of the original gifts and subject to resolution of trustee indemnity and creditor claims.

Court Disposition

Cy-près jurisdiction engaged; scheme(s) to be made or directed for transfer of church properties to new trustees representing respective congregations; further hearing required for indemnity and creditor issues.

Orders

  • Scheme(s) to be made or directed for transfer of Lewisham, Bethnal Green, and Mitcham church buildings to new trustees representing respective congregations.
  • Terms of transfer to include limitations reflecting the spirit of the original gifts.