APPEAL BY DEBORAH HAY IN THE CAUSE THE PARACHUTE REGIMENT CHARITY v DEBORAH HAY [2020] ScotSAC Civ 23 (30 August 2019)

The court held that the defender was liable to repay the funds as she failed to demonstrate that the funds were applied for the charitable purposes of the trust.

Citation: [2020] ScotSAC Civ 23
Parties: Pursuer: The Parachute Regiment Charity; Defender: Deborah Hay
Jurisdiction: Scotland
Judgment Date: 30 August 2019
Procedural Posture: Civil Appeal / Appeal
Outcome: appeal refused
Legal Topics: Recovery of Funds, Trustee Duties

Charity Law Civil Procedure Recovery of Funds Trustee Duties

Case Brief

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Parties

The Parachute Regiment Charity

Pursuer

Deborah Hay

Defender

Procedural Posture

Civil Appeal / Appeal

Legal Issues

1 Whether the defender was liable to repay funds to the charity
2 Whether the sheriff erred in law in the original decision

Ratio Decidendi

The court held that the defender was liable to repay the funds as she failed to demonstrate that the funds were applied for the charitable purposes of the trust.

Court Disposition

appeal refused

Orders

Defender to repay funds to the pursuer
No expenses awarded