Boyle & Ors v Collins & Ors

Boyle & Ors v Collins & Ors

The relevant date for distribution of the club's assets is 31 March 2000, when the club's registration was cancelled. Ordinary members who were paid up at the end of December 1997 are entitled to participate, as the requirement to pay subscriptions was suspended with club activities. Members who died before 31 March 2000 are excluded from the distribution.

Parties
Claimant: John Boyle; Claimant: Denis Mulligan; Claimant: Terry Jenkins; Claimant: Peter Birdseye; Defendant: Peter Collins; Defendant: Patrick Bride; Defendant: Henry Niblock
Jurisdiction
England and Wales
Judgment Date
18 February 2004
Procedural Posture
Civil / Judgment
Outcome
Claim allowed in part; directions given for distribution of assets.
Legal Topics
Dissolution of Societies, Distribution of Assets, Membership Rights
Trusts Corporate Law Dissolution of Societies Distribution of Assets Membership Rights

Case Brief

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Parties

John Boyle

Claimant

Denis Mulligan

Claimant

Terry Jenkins

Claimant

Peter Birdseye

Claimant

Peter Collins

Defendant

Patrick Bride

Defendant

Henry Niblock

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 When should the distribution of assets of a dissolved club take place?
  2. 2 Who is entitled to participate in the distribution of assets?
  3. 3 What is the effect of suspension of club activities on membership status?

Ratio Decidendi

The relevant date for distribution of the club's assets is 31 March 2000, when the club's registration was cancelled. Ordinary members who were paid up at the end of December 1997 are entitled to participate, as the requirement to pay subscriptions was suspended with club activities. Members who died before 31 March 2000 are excluded from the distribution.

Court Disposition

Claim allowed in part; directions given for distribution of assets.

Orders

  • Distribution to be made as at 31 March 2000.
  • Ordinary members paid up at end of December 1997 and life members entitled to participate.