Cases

CasesNOTABLE REPORTED CASES HIGH COURT COURT OF APPEAL AND HOUSE OF LORDS

Latest Litigation in 2009:

Dean v Burne & Ors, – Chancery Division, June 05, 2009, [2009] EWHC 1250 (Ch) (construction of trust deed dispute between sections of congregation at Russian Orthodox Cathedral in London )

Previous litigation:

Universities & colleges as charities under visitor

Patel v University of Bradford,CA (exclusive jurisdiction of visitor over student exam results)

Thomas v University of Bradford HL (exclusive jurisdiction of visitor over academic employment disputes

R v University of Hull ex p page Page HL (JR not available if visitor acts within jurisdiction)

Charitable trust disputes under wills charters and trust deeds

Richmond upon Thames LBC v AG HC(whether purpose is charitable or municipal )

Re Niyazi WT (charitability of working class hostel in Cyprus)

McGovern v AG HC (Amnesty trust not charitable because political)

Re JW Laing Trust HC (scheme directed because expedient)

Peggs v Lamb,(scheme to widen benefits)

Re Hampton Fuel Allotment CA (standing of town council to bring charity proceedings)

Gunning v Buckfast Abbey Trustees ( standing of parents of schoolchildren as persons interested in the charity)

Wahr Hanse v AG for Cayman Islands HC 2000 (Norwegian foundation not charitable under Cayman law) referred to [2003] CILR

Corporate insolvency

Shamji v Johnson Matthey Bankers HC (while a chargee might owe a duty of care to select a reasonably competent person to act as receiver, he can exercise the contractual right of appointment in his own interests, as he sees them,without regard to the interests of the chargor or a guarantor)
Re Christonette, Ltd HC (compulsory liquidation the date on which a floating charge is crystallised was the date on which the winding up order was made and not the date on which the winding up petition was presented).

Jyske Bank v Spjeldnaes CA (basis relied on by Falstaff for stay or dismissal was that the Bank was estopped or precluded by res judicata from claiming relief against Falstaff because of a finding made by the judge)..

Butler v Broadhead (claimant creditors, claiming that the
liquidator had not paid them and consequently had overpaid the
contributories)
General chancery cases:
AG for Duchy of Lancaster v Overton Farms Ltd. CA (hoard of Roman coins not treasure trove as the coins did not have a substantial silver content)
Appleby v Cowley HC (trust dispute among barristers in chambers)

Palmer v Barclays Bank HC(entitlement of mortgagee to sell goodwill)

Holwell Securities v Hughes C.A. (option not accepted by mere act of posting)

 

RECENT LEADING ADVISORY WORK OVER LAST YEAR

Advising on a contested Scheme for a Charitable Endowment in an extended dispute between two Jewish religious organisations

Advising on Charity governance and elections in a Large Unit National Charity Organisation and freedom of information matters connected therewith

Settling offshore charitable settlements for use by Singapore and Jersey charities

Advising on development of major race course and alleged public recreation rights

Advising on proprieties of guarantees of business of non-trading subsidiary of a charity

Advising on billion dollar will dispute between charity and testator’s family in Hong King

Advising in extended dispute as to charitable or municipal status of allotments and recreation ground

Advising on a miners welfare charity and the recreational facilities administered by a local council

Advising the Visitor of a major public school

Advising the Governing body of another major public school

Advising a major global religious charity in connection with their places of public worship

Making submissions and contributions to the Charity Commission ‘s consultation on advancement of religion and of education and on fee charging and to the Select Parliamentary Committee considering the Perpetuities and Accumulations Bill 2009