Dilworth OSB v Lovat Highland Estates Ltd & Ors [1999] ScotCS 269 (12 November 1999)

Dilworth OSB v Lovat Highland Estates Ltd & Ors [1999] ScotCS 269 (12 November 1999)

The pursuer failed to establish a prima facie case as the Trustees' actions were within their powers under the 1936 Deed of Trust, the renunciations were not gratuitous alienations when considered in the context of the Minute of Agreement, and the court has no jurisdiction over internal rules of voluntary associations where no patrimonial or reputational loss is alleged.

Citation
[1999] ScotCS 269
Parties
Pursuer: The Right Reverend Mark Dilworth, OSB; First Defender (action 1): Lovat Highland Estates Limited; Second Defender (action 1 and 2): The Trustees for St. Benedict's Abbey, Fort Augustus; First Defender (action 2): F. A. Properties Limited
Jurisdiction
Scotland
Judgment Date
12 November 1999
Procedural Posture
Civil / Motion for Interim Interdict
Outcome
Motions for interim interdict refused
Legal Topics
Trustee Powers, Gratuitous Alienation, Ultra Vires Acts, Interim Interdict, Voluntary Associations
Trusts and Estates Property Law Charity Law Trustee Powers Gratuitous Alienation Ultra Vires Acts Interim Interdict Voluntary Associations

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Parties

The Right Reverend Mark Dilworth, OSB

Pursuer

Lovat Highland Estates Limited

First Defender (action 1)

The Trustees for St. Benedict's Abbey, Fort Augustus

Second Defender (action 1 and 2)

F. A. Properties Limited

First Defender (action 2)

Procedural Posture

Civil / Motion for Interim Interdict

Legal Issues

  1. 1 Whether the Trustees acted ultra vires in renouncing leases contrary to the Constitutions of the English Benedictine Congregation
  2. 2 Whether the renunciations constituted gratuitous alienations outwith the Trustees' powers under the 1936 Deed of Trust
  3. 3 Whether the pursuer established a prima facie case for interim interdict

Ratio Decidendi

The pursuer failed to establish a prima facie case as the Trustees' actions were within their powers under the 1936 Deed of Trust, the renunciations were not gratuitous alienations when considered in the context of the Minute of Agreement, and the court has no jurisdiction over internal rules of voluntary associations where no patrimonial or reputational loss is alleged.

Court Disposition

Motions for interim interdict refused