Hitchin Cow Commoners Trust, Re [2001] EWHC Ch 468 (5th December, 2001)

Hitchin Cow Commoners Trust, Re [2001] EWHC Ch 468 (5th December, 2001)

The 1886 trusts are valid charitable trusts for the benefit of the relevant occupiers from time to time, as the statutory scheme and authorities require the trust to benefit a fluctuating class rather than only those entitled at the date of compensation; the dual purpose trust for grazing and recreation is permissible and a cy-pres scheme is appropriate given the outdated nature of the grazing purpose.

Citation
[2001] EWHC Ch 468
Parties
Claimant: Attorney General; Defendant: Official Solicitor; Defendant: Trustees of Hitchin Cow Common; Defendant: Roxanne Investments Ltd.; Defendant: Celeriter Ltd.
Jurisdiction
England and Wales
Procedural Posture
Chancery Proceedings / Judgment After Trial
Outcome
Trusts declared valid charitable trusts
Legal Topics
Validity of Charitable Trusts, Common Land Compensation, Interpretation of Statutory Trusts, Cy Pres Doctrine
Charity Law Trusts Law Property Law Validity of Charitable Trusts Common Land Compensation Interpretation of Statutory Trusts Cy Pres Doctrine

Case Brief

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Parties

Attorney General

Claimant

Official Solicitor

Defendant

Trustees of Hitchin Cow Common

Defendant

Roxanne Investments Ltd.

Defendant

Celeriter Ltd.

Defendant

Procedural Posture

Chancery Proceedings / Judgment After Trial

Legal Issues

  1. 1 Whether the 1886 trusts over Hitchin Cow Common are valid charitable trusts
  2. 2 Who are the beneficiaries of the 1886 trusts
  3. 3 Whether the 1886 Order was ultra vires the Land Commissioners

Ratio Decidendi

The 1886 trusts are valid charitable trusts for the benefit of the relevant occupiers from time to time, as the statutory scheme and authorities require the trust to benefit a fluctuating class rather than only those entitled at the date of compensation; the dual purpose trust for grazing and recreation is permissible and a cy-pres scheme is appropriate given the outdated nature of the grazing purpose.

Court Disposition

Trusts declared valid charitable trusts

Orders

  • Declaration that the 1886 trusts are valid charitable trusts
  • If form of order or cy-pres scheme cannot be agreed, further argument to be heard