Panton & Ors v Brophy & Anor

Panton & Ors v Brophy & Anor

The Company held the leasehold interest as trustee for the Club's members, and the claimants are entitled to a vesting order under the Trustee Act 1925, as the Club's beneficial interest survived the Company's dissolution and the Council's disclaimer did not affect the Club's rights.

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
Civil / Judgment
Outcome
claim granted
Legal Topics
Vesting Orders, Appointment of Trustees, Unincorporated Associations, Leasehold Interests, Bona Vacantia, Joint Venture Agreements
Property Law Trusts Law 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

Civil / Judgment

Legal Issues

  1. 1 Whether the Company held a leasehold interest as trustee for the Club
  2. 2 Whether the Club can have a beneficial interest in leasehold land
  3. 3 Whether a vesting order should be made in favour of the claimants

Ratio Decidendi

The Company held the leasehold interest as trustee for the Club's members, and the claimants are entitled to a vesting order under the Trustee Act 1925, as the Club's beneficial interest survived the Company's dissolution and the Council's disclaimer did not affect the Club's rights.

Court Disposition

claim granted

Orders

  • The claimants are appointed as trustees of the Lease in place of the Company.
  • The remainder of the term of the Lease, as varied by the Deed of Variation, is vested in the claimants.