PT-2025-000104 - [2025] EWHC 2255 (Ch)

British Camelids Limited was incorporated on 20 May 1988 as a charitable company limited by guarantee. It was registered as a charity on 19 January 1990 with charity number 802688. At the date of Mrs Midworth’s death, and now, it continues to exist in the same corporate form and with the same charity number as it did at the date of the Will. The register of charities records the charitable objects of the claimant as, in summary, to encourage and improve the breeding of and fibre production from camelids in the United Kingdom, to undertake research in the subject of camelid breeding, to maintain a register of members and a herd book, to promote the improvement of stocks of camelids and rearing camelids and to promote the import and export of camelids and their fibre.

The Brooke Hospital for Animals was an unincorporated entity, registered as a charity on 18 July 1962 with charity number 207869. The first defendant, a company limited by guarantee without share capital, was incorporated on 5 December 2000 and was registered as a charity on 23 March 2001 with charity number 1085760. The Brooke Hospital for Animals transferred all its activities, assets and liabilities to the first defendant and was removed from the register of charities on 14 November 2002 for the stated reason “Removed (Funds transferred) (incor)”. The transfer from the Brooke Hospital for Animals to the first defendant was registered on the register of relevant charity mergers on 9 April 2015. This records that the transfer took place on 4 April 2002. Ms Bhamra’s witness statement explains that the first defendant continues to carry out the charitable purposes of the Brooke Hospital for Animals as named in the Will although under a different charity number and at a different address and that it is an “internationally-recognised charity which supports working donkeys, horses and mules” established in Cairo in 1934. The register of charities records that the charitable objects of the first defendant are, in summary, to promote the welfare and relieve the suffering of working equines outside the United Kingdom by the provision of animal healthcare and education and the countries in which it operates are primarily in Africa and Asia.

Born Free Trust or Zoo Check Charitable Trust was a charitable trust established by a trust deed dated 19 January 1987. It was registered as a charity with number 296024 on 21 January 1987. The second defendant was incorporated as a charitable company limited by guarantee on 20 July 1998. It was registered with the charity commission on 7 August 1998 with charity number 1070906. On 1 April 1999, the assets of the Born Free Trust were transferred to the second defendant and the Born Free Trust was removed from the register of charities on 10 May 2001. Ms Piper’s witness statement explains that Born Free or Born Free Foundation was established as Zoo Check and the reason for the charity’s foundation was to challenge the zoo industry and that work continues to “be at the heart of what it does.” There was in evidence a summary of a report entitled “The Zoo Inquiry” dated September 1994 which reported on the role of zoos and conserving animals through captive breeding programmes; this document was the work of the World Society for the Protection of Animals and the Born Free Foundation. “Zoo Check” was mentioned in the second defendant’s Annual Reports as one of the principal projects through which the second defendant pursued its objectives until about 2017, later reports refer to similar work but not under the “Zoo Check” name. The register of charities shows that the second defendant’s charitable objects are to conserve animals in their natural habitat, to prevent cruelty to animals particularly in zoos, to educate the public and to relieve the suffering of animals and assist in the provision of improved facilities for animals in captivity. The countries in which it operates include European, Asian and African ones. Ms Piper’s witness statement explains that the second defendant continues to carry out work challenging the zoo industry, but by the date of Mrs Midworth’s death, the use of the specific term Zoo Check Project had been discontinued and there is no longer a restricted fund with that name, as the second defendant holds no such restricted funds.

The World Society for the Protection of Animals was a charitable unincorporated association created on 4 June 1981 and registered with the Charity Commission on 20 August 1981 with number 282908. The third defendant, a charitable company limited by guarantee, was incorporated on 7 July 2000 and registered as a charity on 4 August 2000 with charity number 1081849. The World Society for the Protection of Animal’s assets and liabilities were transferred to the third defendant, and it was removed from the register of charities on 3 January 2001. Ms Spencer’s witness statement explains that the Libearty Campaign was a campaign of the World Society for the Protection of Animals concerned with ending cruelty to wild and captive bears launched in 1992 The parties agree that “Liberty” where it appears in the Will is a probable misspelling for “Libearty”. There is no contemporaneous documentary evidence available about the Libearty Campaign as it operated at the date of the Will. The register of charities records that the objects of the third defendant are, in summary, to prevent cruelty and relieve the suffering of animals and that the sphere of its operation is worldwide. Ms Spencer’s evidence is that since the 2001 restructure the third defendant continues to carry out work relating to the protection of bears internationally, but that at the date of Mrs Midworth’s death the use of the term “Libearty” had been discontinued.

The objects of Cruelty Free Animal Trust, the charitable arm of the fourth defendant may be summarised from the extract of the governing document on the charity commission website as the promotion of education concerning animal experimentation and its alternatives and the prevention of unnecessary suffering of animals by promoting compliance with the law in the field of animal experimentation and carrying out research into alternatives. The sphere of its operation is not defined.

Burstow Wild Life Sanctuary was a charitable trust established by way of trust deed dated 23 May 1989 and registered as a charity on 11 August 1989. The overview on the charity commission website refers to it providing for the rescue, care and rehabilitation of wildlife and domestic animals, where possible returning wildlife to its natural habitat or finding homes for wild and domestic animals. Its sphere of operation was not defined. The Burstow Wildlife Sanctuary was removed from the register of charities on 7 April 2009 for the stated reason “ceased to exist”.