Mark Mullen represented the United Church Schools Trust, a respondent to an appeal to the First-tier Tribunal (Charity), at a hearing of a preliminary issue as to whether a cy-près occasion had arisen so as to permit the Charity Commission to make a scheme facilitating the merger of the King Edward VII and Queen Mary School, Lytham St Annes, with the Arnold School, Blackpool.
The Tribunal accepted the respondents’ contention that a cy-près occasion within the ambit of section 13(1)(c) of the Charities Act 1993 had arisen, justifying the making of a scheme. It considered, however, that a modified scheme “could provide more effectively for the Charity property to be used for the public benefit in providing education in or near Lytham St. Annes” and invited submissions as to some proposed amendments.
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