header-logo header-logo

07 March 2008
Issue: 7311 / Categories: Case law , Law reports
printer mail-detail

UNINCORPORATED ASSOCIATION—DISTRIBUTION OF SURPLUS ASSETS AMONG MEMBERS—ONLY ONE SURVIVING MEMBER

Hanchett-Stamford v HM Attorney General and another [2008] EWHC 330 (Ch)

Chancery Division

Lewison J

27 February 2008

The sole surviving member of an unincorporated association is able to claim the assets of the association; they do not vest in the Crown as bona vacantia.

Alison MacLennan (instructed by Shirley May Yard) for the claimant.

Hugh Sims (instructed by the Treasury Solicitor) for the first defendant. The second defendant did not appear and was not represented

Gwilym Harbottle (instructed by Dickinson Dees LLP) for Barclarys Bank, as intervener.

The Performing and Captive Animals Defence League (the league) was founded in 1914. Its aims included the introduction of legislation outlawing circus tricks and animal films depicting cruelty. It was never a registered charity. The claimant and her husband joined the league in the mid-1960s as life members. Her husband exercised effective control of the assets.

In the early 1990s, a property was purchased. The title was registered in the name of the husband and another member as trustees for the league. The league also had a portfolio of stocks

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll