Mr Raymond Allis & Mr Martin Hesketh v Charity Commission for England & Wales

Mr Raymond Allis & Mr Martin Hesketh v Charity Commission for England & Wales

The Tribunal found that the circumstances under s.13(1)(c) Charities Act 1993 existed at the time the Scheme was ordered, as the property of TLS could be more effectively used in conjunction with UCST for a common educational purpose. However, the Scheme's terms created unnecessary risks and restrictions that could...

Source-derived case information.

Parties
Appellant: Raymond Aliss; Appellant: Martin Hesketh; First Respondent: The Charity Commission for England and Wales; Second Respondent: Lytham Schools Trustee Ltd; Third Respondent: The United Church Schools Trust
Jurisdiction
England and Wales
Judgment Date
17 May 2012
Procedural Posture
Appeal / Preliminary Ruling on Cy Près Occasion Under Charities Act 1993 S.13(1)(c)
Outcome
Preliminary issue decided: s.13(1)(c) circumstances existed, but Scheme terms require modification.
Legal Topics
Cy Près Doctrine, Charity Mergers, Scheme Establishment, Trustee Powers, Charitable Purpose, Educational Charities
Charity Law Cy Près Doctrine Charity Mergers Scheme Establishment Trustee Powers Charitable Purpose Educational Charities

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Parties

Raymond Aliss

Appellant

Martin Hesketh

Appellant

The Charity Commission for England and Wales

First Respondent

Lytham Schools Trustee Ltd

Second Respondent

The United Church Schools Trust

Third Respondent

Procedural Posture

Appeal / Preliminary Ruling on Cy Près Occasion Under Charities Act 1993 S.13(1)(c)

Legal Issues

  1. 1 Whether circumstances under s.13(1)(c) Charities Act 1993 existed for property of The Lytham Schools at time of Scheme
  2. 2 Whether Scheme terms create unnecessary risks and restrictions for effective use of charity property

Ratio Decidendi

The Tribunal found that the circumstances under s.13(1)(c) Charities Act 1993 existed at the time the Scheme was ordered, as the property of TLS could be more effectively used in conjunction with UCST for a common educational purpose. However, the Scheme's terms created unnecessary risks and restrictions that could jeopardize effective use of the charity property.

Court Disposition

Preliminary issue decided: s.13(1)(c) circumstances existed, but Scheme terms require modification.

Orders

  • Tribunal proposes to substitute part of the Scheme order and invites written representations on proposed amendments within fourteen days.
  • Appellants to notify Tribunal of any additional issues requiring resolution within fourteen days.