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21.11.18

Macintyre & Anor v Oliver & Ors [2018] EWHC 3094 (Ch)

Justin Holmes and Josh Lewison appeared in this case, Justin representing executor trustees applying for directions and Josh representing St Bart’s Hospital, one of the named beneficiaries.

The case concerned a wide range of issues. The first was whether a contingent gift could be saved under the rule in Jones v Whitcomb, which required a detailed analysis of the development of the law from the 18th century onwards. The second was as to the proper recipient of a gift to “St Bartholomew’s Hospital”, which required a thorough consideration of the history and structure of NHS Trusts. The third was whether a gift to St Bart’s for purposes connected with the maternity and children’s wards failed in light of the restructuring of St Bart’s as a specialist cancer hospital.

The outcome was that the contingent gift could be saved, the proper recipient was the NHS Trust responsible for St Bart’s and the gift did not fail, either on its proper construction or as a result of the rule in Lassence v Tierney.

You can read the full judgment here.