McKenna & Ors v. Rafique & Ors [2007] ScotSC 70 (15 January 2008)

McKenna & Ors v. Rafique & Ors [2007] ScotSC 70 (15 January 2008)

The sheriff principal held that the resignations of the trustees were valid and effective as they were in writing and intimated to co-trustees, satisfying the requirements of the Trusts (Scotland) Act 1921 and the constitution. The Executive Committee remained in office by acquiescence and necessity, and the Extraordinary General Meeting was validly convened. The pursuers established a prima facie case and the balance of convenience favoured granting interim interdict against the defenders to prevent them from intromitting with the charity's assets or holding themselves out as representatives.

Citation
[2007] ScotSC 70
Parties
Pursuers and Appellants: Haider McKenna and Others; Defenders and Respondents: Mohammed Rafique and Others
Jurisdiction
Scotland
Judgment Date
15 January 2008
Procedural Posture
Civil Appeal / Appeal Against Refusal of Interim Interdict
Outcome
Appeal allowed; interim interdict granted in part
Legal Topics
Interim Interdict, Trustee Resignation, Charitable Trusts, Constitutional Interpretation, Quasi Public Trusts
Charity Law Trust Law Civil Procedure Interim Interdict Trustee Resignation Charitable Trusts Constitutional Interpretation Quasi Public Trusts

Case Brief

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Parties

Haider McKenna and Others

Pursuers and Appellants

Mohammed Rafique and Others

Defenders and Respondents

Procedural Posture

Civil Appeal / Appeal Against Refusal of Interim Interdict

Legal Issues

  1. 1 Whether resignations of trustees were valid and effective under the constitution and Trusts (Scotland) Act 1921
  2. 2 Whether the appointment of new trustees at the Extraordinary General Meeting was valid
  3. 3 Whether the Executive Committee remained in office beyond its nominal term due to acquiescence and practical necessity

Ratio Decidendi

The sheriff principal held that the resignations of the trustees were valid and effective as they were in writing and intimated to co-trustees, satisfying the requirements of the Trusts (Scotland) Act 1921 and the constitution. The Executive Committee remained in office by acquiescence and necessity, and the Extraordinary General Meeting was validly convened. The pursuers established a prima facie case and the balance of convenience favoured granting interim interdict against the defenders to prevent them from intromitting with the charity's assets or holding themselves out as representatives.

Court Disposition

Appeal allowed; interim interdict granted in part

Orders

  • Recall of sheriff's refusal of interim interdict in craves 4(i)-(iv) and expenses reservation
  • Warrant to cite third defender with 21 days' notice