Inverclyde Council, Trustee Of The Birkmyre Trust v. Dunlop [2005] ScotCS CSIH_62 (24 August 2005)

Inverclyde Council, Trustee Of The Birkmyre Trust v. Dunlop [2005] ScotCS CSIH_62 (24 August 2005)

The court held that the petitioner had made out the statutory preconditions for authority to lease and to vary the scheme, as the restricted powers were the immediate cause of the Trust's problems and the proposed amendments were consistent with the spirit of the trust and necessary for its survival.

Citation
[2005] ScotCS CSIH_62
Parties
Petitioner: Inverclyde Council, qua Trustee of the Birkmyre Trust; Respondent: Robin Dunlop
Jurisdiction
Scotland
Judgment Date
24 August 2005
Procedural Posture
Petition / Final Judgment
Outcome
Petition granted as amended
Legal Topics
Variation of Trust Purposes, Trustee Powers, Leasing of Trust Property, Public Trust Administration
Trusts Charities Property Law Variation of Trust Purposes Trustee Powers Leasing of Trust Property Public Trust Administration

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Parties

Inverclyde Council, qua Trustee of the Birkmyre Trust

Petitioner

Robin Dunlop

Respondent

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the court should grant authority under section 5 of the Trusts (Scotland) Act 1921 to lease part of Birkmyre Park
  2. 2 Whether the court should approve a scheme under section 9 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 to vary the purposes of the Birkmyre Trust

Ratio Decidendi

The court held that the petitioner had made out the statutory preconditions for authority to lease and to vary the scheme, as the restricted powers were the immediate cause of the Trust's problems and the proposed amendments were consistent with the spirit of the trust and necessary for its survival.

Court Disposition

Petition granted as amended

Orders

  • Authority granted to petitioner to lease specified part of Birkmyre Park on terms approved by the District Valuer
  • Approval granted for variation of the 1995 Scheme to extend power to levy charges for use of recreational facilities in buildings