Panton & Ors v Brophy & Anor [2019] EWHC 1534 (Ch) (21 June 2019)

Panton & Ors v Brophy & Anor [2019] EWHC 1534 (Ch) (21 June 2019)

The effect of the 1996 documents, including the assignment, licence, and deed of variation, was to grant a leasehold interest to the company, which held it on trust for itself and the club's members. Upon dissolution of the company, the claimants, as officers of the club, are entitled to be appointed as trustees and have the leasehold interest vested in them. The Council, as freeholder, is directly affected and must be joined as a defendant.

Citation
[2019] EWHC 1534 (Ch)
Parties
Claimant: Mr Nigel Stormant Panton; Claimant: Mr Iain Maclaren; Claimant: Mr Peter Michael Robinson; Defendant: Mr Nigel Brophy; Defendant: Mr Paul Arnold; Defendant: The London Borough of Hounslow
Jurisdiction
England and Wales
Judgment Date
21 June 2019
Procedural Posture
Property Trusts and Probate / Judgment on Joinder Application and Substantive Relief
Outcome
Claim allowed; Council joined as defendant; vesting order granted in favour of claimants.
Legal Topics
Vesting Orders, Appointment of Trustees, Unincorporated Associations, Leasehold Interests, Bona Vacantia, Joinder of Parties
Property Law Trusts and Equity Company Law Vesting Orders Appointment of Trustees Unincorporated Associations Leasehold Interests Bona Vacantia +1 more

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Parties

Mr Nigel Stormant Panton

Claimant

Mr Iain Maclaren

Claimant

Mr Peter Michael Robinson

Claimant

Mr Nigel Brophy

Defendant

Mr Paul Arnold

Defendant

The London Borough of Hounslow

Defendant

Procedural Posture

Property Trusts and Probate / Judgment on Joinder Application and Substantive Relief

Legal Issues

  1. 1 Whether the London Borough of Hounslow should be joined as a defendant to the claim
  2. 2 Whether the claimants should be appointed as trustees of the lease in place of the dissolved company
  3. 3 Whether the remainder of the term of the lease should be vested in the claimants

Ratio Decidendi

The effect of the 1996 documents, including the assignment, licence, and deed of variation, was to grant a leasehold interest to the company, which held it on trust for itself and the club's members. Upon dissolution of the company, the claimants, as officers of the club, are entitled to be appointed as trustees and have the leasehold interest vested in them. The Council, as freeholder, is directly affected and must be joined as a defendant.

Court Disposition

Claim allowed; Council joined as defendant; vesting order granted in favour of claimants.

Orders

  • The London Borough of Hounslow is joined as a defendant to the claim.
  • Claimants are appointed as trustees of the lease in place of the dissolved company.