Howard Lederman examines Garcha v The Charity Commission [2014], which clarifies when permission to bring charity proceedings under s115 of the Charities Act 2011 will be granted ‘Norris J ultimately held that it was not in the interests of the charity to enable the current committee to investigate the costs incurred by the former committee …
Continue reading "Charities: The purpose of the ‘filter’"
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Wills & Trusts Law Reports | July/August 2014 #141This was an application by the claimant composer for permission to bring a claim against the defendant charity (NMC), alleging a breach of trust and breach of a duty of care and claiming damages of £2.4m, an order that NMC publish his works, and a public apology from NMC. These were ‘charity proceedings’ within the meaning of the Charities Act 2011, s155(8) in that they were under the court’s jurisdiction, with respect to charities or the court’s jurisdiction, with respect to trusts in relation to the administration of a trust for charitable purposes. Accordingly,...
Sarah Clune looks at Rai, a rare case in which the High Court considered an application that the Charity Commission had refused to authorise Arguments within charities are notoriously expensive, possibly because each party thinks that they are in the right and only rarely does action directly affect the pockets of the individuals involved. The …
Continue reading "Unincorporated Associations: When to litigate"
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