Gibbons & Anor v Smith & Ors [2020] EWHC 1727 (Ch) (01 July 2020)

Gibbons & Anor v Smith & Ors [2020] EWHC 1727 (Ch) (01 July 2020)

The land is held on trust for the members of the club as at the date of its dissolution in March 2013; the trust is not charitable; the land should be sold and the net proceeds distributed equally among those members or their estates.

Citation
[2020] EWHC 1727 (Ch)
Parties
Claimant: Julia Gibbons (as executor of the estate of Sydney Gordon Mills deceased); Claimant: Lyn Woolley (as co-administrator of the estate of Thomas Charles Hartshorne deceased); Defendant: Mr Alfred Basil Smith; Defendant: Mr John Fearn; Defendant: Mr Phillip Raymond Haddon; Defendant: Julia Gibbons (as representative of the estate of Eric Unwin deceased)
Jurisdiction
England and Wales
Judgment Date
01 July 2020
Procedural Posture
Part 8 Claim for Directions in the Administration of Trusts / Judgment After Uncontested Hearing
Outcome
Claim allowed; directions given for sale and distribution of trust property.
Legal Topics
Dissolution of Unincorporated Associations, Charitable Trusts, Distribution of Trust Assets, Trustee Duties, Administration of Estates
Trusts and Estates Property Law Dissolution of Unincorporated Associations Charitable Trusts Distribution of Trust Assets Trustee Duties Administration of Estates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Julia Gibbons (as executor of the estate of Sydney Gordon Mills deceased)

Claimant

Lyn Woolley (as co-administrator of the estate of Thomas Charles Hartshorne deceased)

Claimant

Mr Alfred Basil Smith

Defendant

Mr John Fearn

Defendant

Mr Phillip Raymond Haddon

Defendant

Julia Gibbons (as representative of the estate of Eric Unwin deceased)

Defendant

Procedural Posture

Part 8 Claim for Directions in the Administration of Trusts / Judgment After Uncontested Hearing

Legal Issues

  1. 1 On what trust or trusts are Plot 1 and Plot 2 held?
  2. 2 Is the trust charitable?
  3. 3 What is the effect of the trust not being charitable?

Ratio Decidendi

The land is held on trust for the members of the club as at the date of its dissolution in March 2013; the trust is not charitable; the land should be sold and the net proceeds distributed equally among those members or their estates.

Court Disposition

Claim allowed; directions given for sale and distribution of trust property.

Orders

  • Land (Plots 1 and 2) to be sold by Claimants' solicitors as trustees under section 50 Trustee Act 1925.
  • Net proceeds of sale to be distributed equally among members as at March 2013 or their estates, subject to a scheme for identification and verification of members to be proposed by Claimants.