Clarke & ors v Shrewsbury and Atcham Constituency Labour Party & ors [2024] WTLR 67

Wills & Trusts Law Reports | Spring 2024 #194

James Morris (the settlor), a Labour Party councillor and businessman, settled two trusts (the trusts). This claim concerned the validity of the trusts, their rectification, a proprietary estoppel claim by a beneficiary, and the consequences of the trusts’ invalidity.

The first trust concerned Morris Hall, Bellstone Court, Bellstone, Shrewsbury (the hall), which Mr Morris transferred to himself and three others to hold pursuant to a declaration of trust dated 5 April 1934 (the hall trust).

Clause 1(g) of the hall trust provided:

‘After making provision fo...

Unincorporated Associations: When to litigate

Sarah Clune looks at Rai, a rare case in which the High Court considered an application that the Charity Commission had refused to authorise Arguments within charities are notoriously expensive, possibly because each party thinks that they are in the right and only rarely does action directly affect the pockets of the individuals involved. The …
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Unincorporated Associations: Game, set and match

Sarah Foster finds an unexpected party benefits in Philippe v Cameron [2012], a dispute between a tennis club and a church The purpose of the 1954 Act was to validate and restrict to charitable purposes certain instruments that were pre-16 December 1952 and which provided for property to be held or applied for objects that …
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Phillipe & ors v Cameron & ors [2012] EWHC 1040 (Ch)

Wills & Trusts Law Reports | September 2012 #122

The claimants were the trustees of the St Andrew’s (Cheam) Lawn Tennis Club Trust (the trustees). The trustees sought declarations as to the beneficial ownership of land occupied by the St Andrew’s (Cheam) Lawn Tennis Club (the club) since 1938 (the land).

The church now known as St Andrew’s United Reformed Church Cheam (the church) was originally founded in the 1920s. From the church’s inception many of its members played tennis together and in 1930 they established a tennis club which was to become the club. The club’s first general meeting was held...