Source: All England Reporter
Publisher Citation: [2001] All ER (D) 59 (Dec)
Court: Chancery Division
Judge:

Lawrence Collins J

Representation William Henderson (instructed by the Treasury Solicitor) for the Attorney General.
  Timothy Evans (instructed by the Official Solicitor) for the Official Solicitor.
  The other defendants were not represented and did not appear.
Judgment Dates: 5 December 2001

Catchwords

Commons - Right of common - Extinguishment - Compensation for extinction of commonable rights - Trustees and committee of commoners applying compensation in purchase of pasture land - Land Commissioners approving resolution by trustees and committee of commoners creating trusts for grazing and sports purposes - Whether trusts created over land valid charitable trusts - .

The Case

In proceedings concerning the validity and effect of trusts over land created pursuant to an order of the Land Commissioners under the in 1886, the court ruled that the conditions set out in the relevant parts of the 1882 Act had been complied with in the course of the creation of the trusts and accordingly the trusts created under the 1886 order were valid charitable trusts.

Practice Areas

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