Scotstown Moor Children's Camp, Petitioners [1948] ScotCS CSIH_2 (16 July 1948)

Scotstown Moor Children's Camp, Petitioners [1948] ScotCS CSIH_2 (16 July 1948)

The court lacks jurisdiction to approve a cy près scheme unless it is satisfied that the charitable object has failed or become impracticable; in this case, the object of providing holidays for needy children remains achievable, so jurisdiction is not established.

Citation
[1948] ScotCS CSIH_2
Parties
Petitioner: Scotstown Moor Children's Camp
Jurisdiction
Scotland
Judgment Date
16 July 1948
Procedural Posture
Petition for Cy Près Scheme Approval / Hearing and Decision on Jurisdiction
Outcome
Petition continued; no cy près scheme approved
Legal Topics
Cy Près Doctrine, Charitable Trusts, Court Jurisdiction Over Charities
Charity Law Trusts Cy Près Doctrine Charitable Trusts Court Jurisdiction Over Charities

Case Brief

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Parties

Scotstown Moor Children's Camp

Petitioner

Procedural Posture

Petition for Cy Près Scheme Approval / Hearing and Decision on Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to approve a cy près scheme for the charity
  2. 2 Whether the charitable purpose has failed or become impracticable

Ratio Decidendi

The court lacks jurisdiction to approve a cy près scheme unless it is satisfied that the charitable object has failed or become impracticable; in this case, the object of providing holidays for needy children remains achievable, so jurisdiction is not established.

Court Disposition

Petition continued; no cy près scheme approved

Orders

  • Case continued to allow petitioners to attempt resuscitation of the enterprise; may be reviewed if new circumstances arise.