Source: All England Reporter
Publisher Citation: [2005] All ER (D) 352 (Nov)
Court: Chancery Division

John Martin QC, Sitting as a Deputy Judge of the High Court

Representation James Pickering (insructed by Blake Lapthorn Linnell) for the claimant.
  The first defendant appeared in person.
  The second defendant appeared in person.
Judgment Dates: 25 November 2005


Land - Sale - Trust property - Authorisation - Whether sale of property and disposal of proceeds fraudulent and/or unauthorised.

The Case

On all the material available, the first defendant parish priest had neither acted fraudulently nor without authority in the sale and purchase of the respective church properties, held by the claimant company as trustee, and had been entitled to use the property for the benefit of the parishes and to utilise the balance of the proceeds of sale for the general purposes of the parish as he had. However, on the evidence, while the second defendant, who had taken over as administrator of the parish following the first defendant's resignation, had not acted fraudulently he had acted without the claimant's authorisation to deal with its money and therefore had to account for it as money had and received.

Practice Areas

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