Charity structure not determinative of right to enfranchise (Hope Community Church (Wymondham) v Phelan)

Article summary

Private Client analysis: The High Court had to consider the meaning of a ‘trust to be used for the purposes of a place of worship’ under section 1(1) of the Places of Worship (Enfranchisement) Act 1920 (PW(E)A 1920). The Hope Community Church was a charity incorporated as a company limited by guarantee, rather than a charitable trust in the strict sense, bringing into question whether they could exercise their right to enfranchise the building they used for worship. Falk J held that a ‘trust’ for the purposes of public worship would always be charitable and would include a charitable company. When considering the purpose of PW(E)A 1920, the judge found that the object was not to discriminate between charitable trustees holding a place of worship on trust (through a trust deed) and an incorporated charity. To exclude the claimant from PW(E)A 1920 would be contrary to the intention of Parliament. Written by Philip Rainey QC, head of...