Cawdron & Anor v Merchants Taylors' School & Ors

Cawdron & Anor v Merchants Taylors' School & Ors

The trusts of Durrants, as set out in the October 1917 resolution, are valid charitable trusts for the relief of poverty and other charitable purposes. No resulting trust arises in favour of subscribers or the Crown. The compromise and sale of Durrants, and the division of proceeds, are in the best interests of charity and should be approved by the court.

Parties
Claimant: Peter Edward Blackburn Cawdron; Claimant: Robert Michael Hurran; Defendant: Merchants Taylors’ School; Defendant: The Master and Wardens of the Merchant Taylors of the Fraternity of St John Baptist in the City of London; Defendant: Anthony John Wright; Defendant: HM Attorney-General
Jurisdiction
England and Wales
Judgment Date
13 July 2009
Procedural Posture
Chancery Trust Application / Judgment on Application for Court Approval of Compromise and Trust Disposition
Outcome
Application granted. Court approval of compromise and sale.
Legal Topics
Validity of Charitable Trusts, Resulting Trusts, Compromise of Claims, Court Approval of Trustee Decisions, Charitable Disposition of Property
Trusts Charity Law Validity of Charitable Trusts Resulting Trusts Compromise of Claims Court Approval of Trustee Decisions Charitable Disposition of Property

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Parties

Peter Edward Blackburn Cawdron

Claimant

Robert Michael Hurran

Claimant

Merchants Taylors’ School

Defendant

The Master and Wardens of the Merchant Taylors of the Fraternity of St John Baptist in the City of London

Defendant

Anthony John Wright

Defendant

HM Attorney-General

Defendant

Procedural Posture

Chancery Trust Application / Judgment on Application for Court Approval of Compromise and Trust Disposition

Legal Issues

  1. 1 What are the trusts on which Durrants is held?
  2. 2 Are the trusts valid as charitable trusts?
  3. 3 Do any subscribers or the Crown have a resulting trust claim?

Ratio Decidendi

The trusts of Durrants, as set out in the October 1917 resolution, are valid charitable trusts for the relief of poverty and other charitable purposes. No resulting trust arises in favour of subscribers or the Crown. The compromise and sale of Durrants, and the division of proceeds, are in the best interests of charity and should be approved by the court.

Court Disposition

Application granted. Court approval of compromise and sale.

Orders

  • The claimants are authorised to enter into the sale contract and Heads of Agreement as varied and supplemented.
  • The School is authorised to enter into the Heads of Agreement.