Bayoumi v Women's Total Abstinence Union Ltd and another
Bayoumi v Women's Total Abstinence Union Ltd and another
- 2003
- Weekly Law Reports [2003] 2 WLR 1287-1295(9) .
[2003] EWHC 212 (Ch), 21 January 2003. Second defendant entered into a contract to purchase property from first defendant (W), a registered charity. Second defendant assigned benefit of contract to claimant (B). W did not comply with requirements of the Charities Act 1993 s36(3) by failing to obtain a surveyor's report prior to entering into agreement to sell. B sought a summary order of specific performance of contract relying on s37(4) which validated disposition of land to purchaser in good faith. Summary judgment granted in favour of W. On appeal, held that s37(4) did not operate to validate an unaffected contract for sale. Contract was void for non-compliance with requirements of s36(3). Appeal dismissed.
BAYOUMI V WOMEN TOTAL ABSTINENCE UNION LTD AND ANOTHER
CHARITIES ACT 1993 S36(3)
CHARITIES ACT 1993 S37(4)
SPECIFIC PERFORMANCE
CONTRACT
[2003] EWHC 212 (Ch), 21 January 2003. Second defendant entered into a contract to purchase property from first defendant (W), a registered charity. Second defendant assigned benefit of contract to claimant (B). W did not comply with requirements of the Charities Act 1993 s36(3) by failing to obtain a surveyor's report prior to entering into agreement to sell. B sought a summary order of specific performance of contract relying on s37(4) which validated disposition of land to purchaser in good faith. Summary judgment granted in favour of W. On appeal, held that s37(4) did not operate to validate an unaffected contract for sale. Contract was void for non-compliance with requirements of s36(3). Appeal dismissed.
BAYOUMI V WOMEN TOTAL ABSTINENCE UNION LTD AND ANOTHER
CHARITIES ACT 1993 S36(3)
CHARITIES ACT 1993 S37(4)
SPECIFIC PERFORMANCE
CONTRACT