Community loses village hall after £1m legal battle
The Breedon on the Hill Community Association (BOTHCA) has lost its multi-million pound battle with the Leicester County Council (LCC) over the use of a village hall attached to St Hardulph’s Primary School.
The community association had enjoyed free use of the building because of a £3,000 contribution towards its foundation back in the 1960s. But in 2004, the local authority brought in hire charges as a cost-saving measure and stepped up security procedures, such as CRB check requirements on those using the hall (because it was on school premises).
BOTHCA claimed that LCC was not entitled to do this because the ‘charitable trust obligation has been carried through to affect LCC’s ownership’ which arose from the initial contribution and refused to pay, launching legal proceedings.
In 2007, the council argued there was no legal document enshrining any of this and ordered BOTHCA to leave, offering to buy it out for £92,197, the current value of the original contribution. This was declined.
At a preliminary hearing in 2009 a judge urged the parties to settle the issue as the legal costs (over £1m) were ‘enough to build several community centres.’ Then LCC made a revised offer to BOTHCA to use the facilities in return for a peppercorn rent if they picked up maintenance costs, security responsibilities and kept the school informed of who was using the hall and when.
BOTHCA refused, but lost its claim in the High Court in June 2010.
Members of the Breedon on the Hill Community Association v (1 Leicestershire County Council, (2) Governors of St Hardulph’s Church of England Primary School [2010] EWMC 1387(Ch), 11 June 2010
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