Continue reading "Unincorporated Associations: When to litigate"
Clarke & ors v Shrewsbury and Atcham Constituency Labour Party & ors [2024] WTLR 67
Wills & Trusts Law Reports | Spring 2024 #194James 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: Game, set and match
Continue reading "Unincorporated Associations: Game, set and match"
Phillipe & ors v Cameron & ors [2012] EWHC 1040 (Ch)
Wills & Trusts Law Reports | September 2012 #122The 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...