Source: All England Reporter
Publisher Citation: [2002] All ER (D) 518 (Jul)
Court: Chancery Division

Hart J

Representation David Lowe QC and Nikki Singla (instructed by Bath & NE Somerset Council Solicitors) for the claimant.
  William Henderson (instructed by the Treasury Solicitor) for the Attorney General.
  Thomas Leech (instructed by the Treasury Solicitor) for Treasury Solicitor.
Judgment Dates: 31 July 2002


Charity - Charitable trust - Validity - Public benefit - Recreation ground - Whether recreation ground vesting in corporation on valid charitable trusts - s 4.

The Case

In proceedings brought to determine, inter alia, whether a valid charitable trust had been created by a conveyance of land to a corporation, which was the claimant's predecessor in title, the court ruled, inter alia, that the fact that the powers conferred on the corporation were capable of being exercised so as to restrict the enjoyment of the land to members of particular clubs or associations did not mean that requirement that the trust be for the public benefit had not been met.

Practice Areas

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