Cuppage & Ors v Lawson & Ors

Cuppage & Ors v Lawson & Ors

The 1907 Declaration of Trust, properly construed in its historical context, creates a valid charitable trust for the benefit of the working men of East Grinstead in necessitous circumstances, and is validated by the Charitable Trusts (Validation) Act 1954; clause 7 is likewise saved as charitable; clause 9 is void for perpetuity. The proceeds of sale are held on valid charitable trusts and not on resulting trust for the original contributors.

Parties
Claimant: Alexander George Cuppage; Claimant: Christopher Robert Attewell; Claimant: Christopher Major Russell; Defendant: Richard Lawson; Defendant: Robert Leigh Chignell; Defendant: Her Majesty’s Attorney General
Jurisdiction
England and Wales
Judgment Date
14 July 2010
Procedural Posture
Originating Summons / Part 8 Claim / Judgment After Trial of Preliminary Issues
Outcome
Declaration granted: the proceeds of sale are held on valid charitable trusts as saved by the Charitable Trusts (Validation) Act 1954.
Legal Topics
Charitable Trusts, Resulting Trusts, Perpetuities, Construction of Trust Instruments, Validation of Imperfect Trusts, Recreational Charities Act, Charitable Trusts (validation) Act
Trusts Charity Law Property Law Charitable Trusts Resulting Trusts Perpetuities Construction of Trust Instruments Validation of Imperfect Trusts +2 more

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 5 Authorities cited 18 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Alexander George Cuppage

Claimant

Christopher Robert Attewell

Claimant

Christopher Major Russell

Claimant

Richard Lawson

Defendant

Robert Leigh Chignell

Defendant

Her Majesty’s Attorney General

Defendant

Procedural Posture

Originating Summons / Part 8 Claim / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the proceeds of sale of the former East Grinstead Social Club are held on valid charitable trusts or on resulting trust for original contributors
  2. 2 Whether the 1907 Declaration of Trust creates a valid charitable trust under the Charitable Trusts (Validation) Act 1954 and/or the Recreational Charities Act 1958
  3. 3 Whether clause 7 of the trust deed creates a valid charitable power or trust

Ratio Decidendi

The 1907 Declaration of Trust, properly construed in its historical context, creates a valid charitable trust for the benefit of the working men of East Grinstead in necessitous circumstances, and is validated by the Charitable Trusts (Validation) Act 1954; clause 7 is likewise saved as charitable; clause 9 is void for perpetuity. The proceeds of sale are held on valid charitable trusts and not on resulting trust for the original contributors.

Court Disposition

Declaration granted: the proceeds of sale are held on valid charitable trusts as saved by the Charitable Trusts (Validation) Act 1954.

Orders

  • Declaration that the proceeds of sale are held on valid charitable trusts for the benefit of the working men of East Grinstead in necessitous circumstances
  • Clause 9 of the trust deed declared void for perpetuity