Fafalios & Ors v Apodiacos & Ors

Fafalios & Ors v Apodiacos & Ors

The 1935 Declaration is void as the Cemetery Trustees had no power to make it and it is inconsistent with the original trust purposes. The 1860 Declaration of Trust governs, requiring all funds to be used for the burial of members of the Greek Community in London. The 'Greek Community in London' is now represented by the Assembly of the Cathedral. No cy-près scheme is currently justified as it has not been shown that the original purposes cannot be fulfilled.

Parties
Claimant: Mr Stamos J Fafalios; Claimant: Mr Michael F Lykiarpopulo; Claimant: Mr John M Lyras; Claimant: Mr Michael C Lemos; Claimant: Mr Anastassis N Fafalios; Defendant: Mr Costas Apodiacos; Defendant: Mr Anthony John Woodwell Burton; Defendant: Mr Vassilis Zarifis; Defendant: Mr Michael Los; Defendant: Mr Nikolaos Skinitis; Defendant: Mr Panayotis Voudris; Defendant: Her Majesty’s Attorney General
Jurisdiction
England and Wales
Judgment Date
13 May 2020
Procedural Posture
Civil (charity/trusts) / Judgment After Trial
Outcome
Claim dismissed in part; declaration granted as to trust purposes and identity of directing body; no cy-près scheme ordered at this stage.
Legal Topics
Interpretation of Trust Deeds, Cy Près Doctrine, Charitable Trusts Administration, Trustee Powers and Duties
Charity Law Trusts Law Interpretation of Trust Deeds Cy Près Doctrine Charitable Trusts Administration Trustee Powers and Duties

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Parties

Mr Stamos J Fafalios

Claimant

Mr Michael F Lykiarpopulo

Claimant

Mr John M Lyras

Claimant

Mr Michael C Lemos

Claimant

Mr Anastassis N Fafalios

Claimant

Mr Costas Apodiacos

Defendant

Mr Anthony John Woodwell Burton

Defendant

Mr Vassilis Zarifis

Defendant

Mr Michael Los

Defendant

Mr Nikolaos Skinitis

Defendant

Mr Panayotis Voudris

Defendant

Her Majesty’s Attorney General

Defendant

Procedural Posture

Civil (charity/trusts) / Judgment After Trial

Legal Issues

  1. 1 Meaning and effect of the 1860 Declaration of Trust
  2. 2 Whether the Cemetery Trustees can challenge the validity of the 1935 Declaration
  3. 3 Validity of the 1935 Declaration

Ratio Decidendi

The 1935 Declaration is void as the Cemetery Trustees had no power to make it and it is inconsistent with the original trust purposes. The 1860 Declaration of Trust governs, requiring all funds to be used for the burial of members of the Greek Community in London. The 'Greek Community in London' is now represented by the Assembly of the Cathedral. No cy-près scheme is currently justified as it has not been shown that the original purposes cannot be fulfilled.

Court Disposition

Claim dismissed in part; declaration granted as to trust purposes and identity of directing body; no cy-près scheme ordered at this stage.

Orders

  • Declaration that all funds of the Cemetery Trust must be used for the purposes of interment of members of the Greek Community in London.
  • Declaration that the Assembly of the Cathedral is the body entitled to direct the Cemetery Trustees in accordance with the 1860 Declaration of Trust.