References: [1980] 1 WLR 360
Coram: Vinelott J
Ratio: The deceased left property to the Labour Party property committee.
Held: A trust created by making a gift to the members of an unincorporated assoication as at the date of the gift can be wound up only if under the rules, the members could, at any time, resolve to terminate the trust and distribute the fund to themselves. The gift therefore failed. It could not be construed as a gift to existing members (i.e. it did not fall within category (1) of Neville Estates Ltd v Madden), and that in order to fall within category (2) it was essential that the members of the association for the time being should be free to dispose of it in any way they thought fit, including distributing it amongst themselves.
This case cites:
- Cited – Neville Estates Ltd v Madden ChD ([1962] Ch 832)
A charitable trust was created for the benefit of the members of Catford Synagogue.
Held: The court considered three categories of valid non-charitable purpose gifts: (1) an absolute gift to members of an association at the date of the gift, . .
(This list may be incomplete)
This case is cited by:
- Cited – Hunt and Another v McLaren and others ChD (Bailii, [2006] EWHC 2386 (Ch))
Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably . .
(This list may be incomplete)
Last Update: 01 May 2018
Ref: 245260
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