Dewar v Sheffield City Council and HM Attorney General Unreported

WTLR Issue: Summer 2019 #175

CAROLINE DEWAR (in her capacity as a charity trustee of the Friends of Graves Park and on behalf of the other charity trustees)

V

1. SHEFFIELD CITY COUNCIL (in its capacity as charity trustee of Graves Park) 2. HER MAJESTY'S ATTORNEY GENERAL

Analysis

Graves Park in Sheffield was held by the defendant council on a charitable trust governed by scheme made in 2009. Clause 4(2) of the scheme provided that the land subject to the scheme ‘must be retained by the trustee for use for the object of the charity’. Clause 10 of the scheme provided that “The Commission may decide any question put to it concerning: (1) The interpretation of this scheme; (2) The propriety or validity of anything done or intended to be done under it.”

Counsel details

Counsel Joshua Winfield (Radcliffe Chambers, 11 New Square, Lincoln’s Inn, London WC2A 3QB, tel 020 7831 0081, email clerks@radcliffechambers.com) was instructed by Bell & Buxton (Telegraph House, High Street, Sheffield S1 2GA, tel 0114 249 5969, email legals@bellbuxton.co.uk)for the claimant.


Edward Francis (Entreprise Chambers, 9 Old Square, Lincoln’s Inn, London, WC2A 3SR, tel 020 7405 9471, email london@enterprisechambers.com) instructed by Sheffield City Council (Town Hall, Pinstone Street, Sheffield, S1 2HH, tel 0114 273 4018, email gillian.duckworth@sheffield.gov.uk) for the first defendant

The second defendant did not appear

Cases referenced

Cases in bold have further reading - click to view.

  • Dundee General Hospitals v Walker [1952] 1 All ER 896
  • Marley v Rawlings [2015] WTLR 299, [2015] AC 129
  • Oldham BC v Attorney-General [1993] Ch 210
  • Re Tuck's Settlement Trusts [1978] 1 Ch 49

Legislation referenced

Legislation in bold has further reading - click to view.

  • Charities Act 2011, ss62, 110, 117
  • Trusts of Land and Appointment of Trustees Act 1996, ss6, 8