Rettendon Parish Council v Hart & Ors

Rettendon Parish Council v Hart & Ors

The Council has the statutory power to appoint trustees to the Charities for four-year terms under s.300 of the Charities Act 2011; only the Council can appoint or re-appoint trustees, and appointed trustees do not have power to appoint further trustees under s.36 of the Trustee Act 1925.

Parties
Claimant: Rettendon Parish Council; Defendant: Mr Roy Hart; Defendant: Mrs Jackie Copsey; Defendant: Mrs Kathryn Clark; Defendant: Mrs Pat Prebble; Defendant: Mr Jonathan Havard; Defendant: Mr Thomas Marshall; Defendant: Her Majesty’s Attorney-General
Jurisdiction
England and Wales
Judgment Date
14 August 2020
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
Declaration granted; Council has power to appoint trustees for four-year terms; only Council can appoint further trustees.
Legal Topics
Appointment of Trustees, Statutory Interpretation, Powers of Parish Councils, Duration of Trusteeship, Inclosure Act Trusts
Charity Law Trusts Law Local Government Law Appointment of Trustees Statutory Interpretation Powers of Parish Councils Duration of Trusteeship Inclosure Act Trusts

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Parties

Rettendon Parish Council

Claimant

Mr Roy Hart

Defendant

Mrs Jackie Copsey

Defendant

Mrs Kathryn Clark

Defendant

Mrs Pat Prebble

Defendant

Mr Jonathan Havard

Defendant

Mr Thomas Marshall

Defendant

Her Majesty’s Attorney-General

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

Legal Issues

  1. 1 Who is the lawful trustee of the Charities established under the Inclosure Act 1845?
  2. 2 Does the Council have power to appoint trustees and for what term?
  3. 3 Do appointed trustees have power to appoint further trustees?

Ratio Decidendi

The Council has the statutory power to appoint trustees to the Charities for four-year terms under s.300 of the Charities Act 2011; only the Council can appoint or re-appoint trustees, and appointed trustees do not have power to appoint further trustees under s.36 of the Trustee Act 1925.

Court Disposition

Declaration granted; Council has power to appoint trustees for four-year terms; only Council can appoint further trustees.

Orders

  • Council affirmed as having power to appoint trustees for four-year terms under Charities Act 2011.
  • Current trustees are those appointed at the 25 July 2017 meeting, including Mr Hart by acquiescence.