HL Deb 13 July 1989 vol 510 cc510-1WA
Lord Denning

asked Her Majesty's Government:

Whether, following the answer given by the Earl Ferrers on 26th June (Official Report, col. 572), the Charity Commissioners are aware that the decision in Buttle v. Saunders was in respect of a trust for the provision of financial benefit and has no application to other charitable trusts; and that the decision itself required trustees to "gazump" and not carry through a bargain to which they were in honour bound?

Earl Ferrers

The decision inButtle v. Saunders [1950] 2AER 193 reaffirmed trustees' duty under the Settled Land Act 1925 to take all reasonable steps in selling land to secure the most advantageous terms available. In the view of the Charity Commissioners this duty applies no less to the trustees of a charity. The decision might require trustees not to carry through a bargain the terms of which were not the best available.