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06.12.11

Dunsfold School: Decision of the Charity Tribunal

Mark Mullen represented the successful Appellants before the First-tier Tribunal (Charity) in a case concerning a challenge to a cy-près scheme made by the Charity Commission for a charity holding land and buildings which had been used for the purposes of a school from 1839 until the school’s closure in 2004. The Respondents to the appeal were the Charity Commission, which made the scheme, and the Guildford Diocesan Board of Finance, the charity trustee.

The Tribunal allowed the appeal and amended the scheme to impose a positive obligation on the trustee to give preferential consideration to the provision of a school for children in Dunsfold. It extended the power of leasing for that purpose and limited the charitable uses to which the property could be put to educational and community purposes in the parish of Dunsfold.

Click here to read the decision on the Tribunal Judiciary website.

Click here to read a report of the hearing in Third Sector.

Click here to view Mark Mullen’s profile.