Source: All England Reporter
Publisher Citation: [2006] All ER (D) 34 (Oct)
Neutral Citation: [2006] EWHC 2386 (Ch)
Court: Chancery Division
Judge:

Lawrence Collins J

Representation Gilead Cooper (instructed byHepburns) for the claimants.
  Henry Legge (instructed by Adams & Remers) for the first defendant.
  Joseph Goldsmith (instructed by Adams & Remers) for the second defendant.
  Sarah Haren (instructed by Adams & Remers) for the third and sixth defendants.
Judgment Dates: 4 October 2006

Catchwords

Charity - Unincorporated association - Gift to association - Land held on trust to secure permanent ground for football club - Trustees of club seeking directions as to basis on which they held assets vested in them as trustees.

The Case

A gift to or in trust for an unincorporated association might take effect as a gift to the existing members, not as joint tenants, but subject to their respective contractual rights and liabilities towards one another as members of the association. In such a case the member could not sever his share, and it would accrue to the other members on the death or resignation of an existing member, even though such members included persons who became members after the gift took effect.

Practice Areas

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