Dean v Burne & Ors [2009] EWHC 1250 (Ch) (05 June 2009)

Dean v Burne & Ors [2009] EWHC 1250 (Ch) (05 June 2009)

The resolutions passed by the Parish Council and Diocesan Assembly were not validly passed under the relevant trust deeds, as the bodies declared as successors did not meet the requirements for succession and the meetings were not validly convened according to the governing documents. The assets must remain for the benefit of the original Parish and Diocese unless and until a valid cy-près scheme is considered.

Citation
[2009] EWHC 1250 (Ch)
Parties
Claimant: Adrian Gordon Dean; Defendant: Patience Burne; Defendant: Patricia Fostiropoulos; Defendant: Deborah Honore; Defendant: Her Majesty's Attorney-General; Defendant: Bishop Basil Osborne of Amphipolis; Defendant: Ruth Nares; Defendant: Xenia Bowlby; Defendant: Nathalie Brooke; Defendant: Edwin Roberson; Defendant: Elizabeth von Schlippe; Defendant: Jane Moura Collingridge; Defendant: Mariam Rahim; Defendant: Sophia Myrtle Olive Tanner; Defendant: Hannah Mary Torrance
Jurisdiction
England and Wales
Judgment Date
05 June 2009
Procedural Posture
Chancery Division Civil / Judgment After Trial
Outcome
Resolutions declared invalid; assets remain with original Parish and Diocese
Legal Topics
Interpretation of Trust Deeds, Succession of Religious Bodies, Cy Près Doctrine, Jurisdictional Disputes in Religious Organisations
Charity Law Trusts Ecclesiastical Law Interpretation of Trust Deeds Succession of Religious Bodies Cy Près Doctrine Jurisdictional Disputes in Religious Organisations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Adrian Gordon Dean

Claimant

Patience Burne

Defendant

Patricia Fostiropoulos

Defendant

Deborah Honore

Defendant

Her Majesty's Attorney-General

Defendant

Bishop Basil Osborne of Amphipolis

Defendant

Ruth Nares

Defendant

Xenia Bowlby

Defendant

Nathalie Brooke

Defendant

Edwin Roberson

Defendant

Elizabeth von Schlippe

Defendant

Jane Moura Collingridge

Defendant

Mariam Rahim

Defendant

Sophia Myrtle Olive Tanner

Defendant

Hannah Mary Torrance

Defendant

Procedural Posture

Chancery Division Civil / Judgment After Trial

Legal Issues

  1. 1 Whether disputed resolutions under trust deeds were validly passed
  2. 2 Whether meetings at which resolutions were passed were validly convened
  3. 3 Whether circumstances justify a cy-près scheme under Charities Act 1993

Ratio Decidendi

The resolutions passed by the Parish Council and Diocesan Assembly were not validly passed under the relevant trust deeds, as the bodies declared as successors did not meet the requirements for succession and the meetings were not validly convened according to the governing documents. The assets must remain for the benefit of the original Parish and Diocese unless and until a valid cy-près scheme is considered.

Court Disposition

Resolutions declared invalid; assets remain with original Parish and Diocese

Orders

  • Disputed resolutions set aside
  • Trustees to continue holding assets for original Parish and Diocese