PRINCE’S SQUARE GARDENS ASSOCIATION
WHO WE ARE
We are the freeholders and long leaseholders of Prince’s Square with access rights to Prince’s Square Gardens in our title deeds.
OUR OBJECTIVES
1. To ensure that no freeholder, long leaseholder nor resident of Prince’s Square is denied access to the Gardens.
2. To ensure that the Gardens are run on a not-for-profit basis and on the same basis as Leinster Square Gardens which is Prince’s Square Gardens’ twin. (link)
3. To ensure that the membership fee is kept at a level that makes it accessible to residents of Prince’s Square and to the wider community. It is currently far too high making it inaccessible to many.
CURRENT SITUATION
To achieve our stated aims above, we have instructed the solicitors firm, Forsters (profile here) and we have also instructed counsel, Henry Legge KC , for his expertise in Trust law (profile here)
We have sent through our solicitors, Forsters, a Witness Statement from Mr Anthony Patrick Mullen, a retired barrister, and one of the founding members of Prince’s Square Gardens Ltd, the Garden Company. This statement can be found in our members area here. (Access to the Members section is only available to Members and contributors to the Legal Fund.)
He confirms that the shares of the Garden Company are held in trust for the benefit of the freeholders and long leaseholders and that the company’s articles of association (link here) at its foundation (which were still in place until very recently) show that the company was set up as a not for profit.
Unfortunately, despite giving the trustees of the Ornamental Gardens, being the directors and shareholders of the Garden Company, an opportunity when faced with clear evidence of their fiduciary responsibilities as trustees, to reinstate the original articles of association and to acknowledge their duties towards the beneficiaries of the trust, they have through their solicitors refused to engage with us on the substance of our claims. We are unfortunately left with no option but to proceed with legal action against them.
Litigation is costly and deeply unfortunate especially when it involves a not for profit Company and a not for profit Association. As the not-for-profit Association, we regret the need to use our funds for litigation rather than for the maintenance of the Gardens for future generations. If anyone knows the directors of the Gardens and is able to help them to acknowledge their trustee duties in order to avoid costly litigation for all, please do not hesitate to contact us at info@psgassociation.org.
We as an Association are committed to ensuring that our aims are achieved and we are committed to doing so for as long as it takes.
We will update the website as and when we have further information. We thank you all for your continued support both financially and morally.
History of the Ornamental Gardens of Prince’s Square
Prince’s Square, begun in 1856, was largely the work of builder and speculator George Wyatt. It is not known who designed the central garden, which was probably in place by 1861 when a residents’ garden committee was convened to manage it. Their records indicate the emphasis placed on good behaviour and maintaining the ornamental plantings. [Link]
The right of access to the Ornamental Gardens of Prince’s Square by the freeholders of the Square appear on the individual title deeds of the freeholders of Prince’s Square and on the title deeds of the Ornamental Gardens. [Link to the title deeds of Ornamental Gardens here]
There are also contractual agreements between the Ornamental Gardens and each of the Prince’s Square Gardens freeholders dated in 1961-1963 which set out the access for the “quiet enjoyment” of the Ornamental Gardens by the freeholder and the contribution of the freeholder to the Ornamental Gardens for their maintenance.
The history of Prince’s Square Gardens Limited, the Garden Company, is therefore relatively new in the historical context of the history of the Ornamental Gardens having been incorporated in 1982 by Mr Anthony Patrick Mullen and two other members.
Mr Anthony Patrick Mullen is a retired barrister and former resident of Leinster Square.
Having been involved in the establishment of Leinster Square Gardens Ltd [LSGL website] and its administration, he became involved in an initiative in the late 1970’s to establish the same for Prince’s Square Gardens - to reinstate the iron railings that had been removed in WWII and maintain the Ornamental Gardens for the benefit of the Prince’s Square. Prince’s Square Gardens Limited was therefore incorporated on 6th January 1982 with Mr Mullen as a founding member to hold the freehold of the Ornamental Gardens with the title being transferred from the Norfolk Capital Group Limited, owner of a hotel on Prince’s Square, on 12th March 1982 for the nominal consideration of £1.
The Articles of the Company had the purpose of maintaining the Gardens on a not for profit basis and the shares of the Company were held in trust for the benefit of the freeholders and long leaseholders of the Prince’s Square.
As directors joined the Company from 1982 onwards they held a share in the Company and they transferred the share they held to the new directors upon their resignation. There have been 16 directors/shareholders acting as trustees over the years. (full shareholder list here) One of these directors, Mr Michael Foster, director of the Garden Company from Dec 1997 to June 2010 and a member of the Gardens since 1982, also confirms in a Statement of Truth dated 7th July 2021 that as a director and shareholder of the Garden Company he held the shares as a Trustee. You can find it in the members area here. (Access to the Members section is only available to Members and contributors to the Legal Fund)
In May 2021, the Ornamental Gardens were put up for sale by Mr Wayne Moretto and Mr Kenneth Cassillo, two of the directors, for £5million as a private garden with no reference to the fact that over 29 property owners have access rights to the Gardens under their title deeds. The property has now been taken off the market through the estate agent but there are ongoing attempts by the directors to sell the Gardens privately.
When it was pointed out to the directors that the Articles of Association of the Company did not allow them to sell the Gardens for profit, the Articles of Association were changed by the directors without the consent of the beneficiaries of the Trust, to allow them to do so. The original Articles of Association of the Company that declared the Company a not for profit were in place from 1982 until July 2021.
Since July 2021, following pressure from individual freeholders, the directors changed the Bye-Laws of the Gardens to remove any discretion on their part to deny access rights to residents of Prince’s Square. If any resident is denied membership, please get in touch with us at info@psgassociation.org.