The Recreation Ground, Bath v Charity Commission for England & Wales

The Recreation Ground, Bath v Charity Commission for England & Wales

Permission to appeal is granted in respect of the alleged errors of law concerning the interpretation of the charitable purpose of The Recreation Ground, Bath and the treatment of lease provisions as administrative rather than cy pres. The grounds relating to irrationality and lack of evidence do not disclose an error of law.

Parties
First Appellant: Jack Sparrow; Second Appellant: Rosemary Carne; Third Appellant: Nigel Websper; First Respondent: The Charity Commission for England and Wales; Second Respondent: The Trustees of the Bath Recreation Ground
Jurisdiction
England and Wales
Judgment Date
08 May 2014
Procedural Posture
Charity Tribunal Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted in part
Legal Topics
Appeals, Charitable Trusts, Leases, Errors of Law
Charity Law Appeals Charitable Trusts Leases Errors of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Jack Sparrow

First Appellant

Rosemary Carne

Second Appellant

Nigel Websper

Third Appellant

The Charity Commission for England and Wales

First Respondent

The Trustees of the Bath Recreation Ground

Second Respondent

Procedural Posture

Charity Tribunal Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Tribunal erred in law regarding the interpretation of the charitable purpose of The Recreation Ground, Bath
  2. 2 Whether the Tribunal erred in treating provisions relating to the 1995 lease as administrative rather than cy pres provisions
  3. 3 Whether the Tribunal's decision was irrational or unsupported by evidence

Ratio Decidendi

Permission to appeal is granted in respect of the alleged errors of law concerning the interpretation of the charitable purpose of The Recreation Ground, Bath and the treatment of lease provisions as administrative rather than cy pres. The grounds relating to irrationality and lack of evidence do not disclose an error of law.

Court Disposition

Permission to appeal granted in part

Orders

  • Permission to appeal is granted in respect of the alleged errors of law set out in grounds (1) and (2)(a) of the application.
  • Grounds (2)(b) and (3) do not disclose an error of law and are refused.