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Bayoumi v Women's Total Abstinence Educational Union Ltd and another

Series: Weekly Law Reports ; [2004] 2 WLR 181-200(20)Publication details: 2004Subject(s): Summary: [2003] EWCA Civ 1548, 5 November 2003. Appeal against HC decision ([2003] EWHC 212 (Ch), Abs66740) which held that a contract to purchase property by the second defendant from the first defendant was void for non-compliance with the requirements of the Charities Act 1993 s36(3). Appeal raises questions of general importance in relation to the scope and effect of the restrictions on dispositions of charity land contained in the Charities Act 1993 Part V. "Held" appeal allowed in part. CA held that an uncompleted contract for sale of charity land was not a disposition of that land for purposes of s36(1) and (2) of the 1993 Act. S37(4) could only validate a disposition to which s36(1) and (2) applied and therefore had not application to an uncompleted contact for sale of charity land. A declaration to the effect that s27(4) and to application to the contract would be inserted into the original declaration given by the deputy judge.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS67553 (Browse shelf(Opens below)) 1 Available 125334-1001

[2003] EWCA Civ 1548, 5 November 2003. Appeal against HC decision ([2003] EWHC 212 (Ch), Abs66740) which held that a contract to purchase property by the second defendant from the first defendant was void for non-compliance with the requirements of the Charities Act 1993 s36(3). Appeal raises questions of general importance in relation to the scope and effect of the restrictions on dispositions of charity land contained in the Charities Act 1993 Part V. "Held" appeal allowed in part. CA held that an uncompleted contract for sale of charity land was not a disposition of that land for purposes of s36(1) and (2) of the 1993 Act. S37(4) could only validate a disposition to which s36(1) and (2) applied and therefore had not application to an uncompleted contact for sale of charity land. A declaration to the effect that s27(4) and to application to the contract would be inserted into the original declaration given by the deputy judge.