North London Central Mosque Trust (A Charity) v Policy Exchange & Anor [2009] EWHC 3311 (QB) (26 November 2009)

North London Central Mosque Trust (A Charity) v Policy Exchange & Anor [2009] EWHC 3311 (QB) (26 November 2009)

The North London Central Mosque Trust lacks capacity to sue because it is not a legal entity; only entities with legal personality or statutory capacity can sue in their own name, and this does not extend to unincorporated charitable trusts.

Citation
[2009] EWHC 3311
Parties
Claimant: North London Central Mosque Trust (A Charity); Defendants: Policy Exchange & Denis McEoin
Jurisdiction
England and Wales
Judgment Date
26 November 2009
Procedural Posture
Civil Defamation (libel) / Interlocutory Application on Capacity to Sue
Outcome
Claim dismissed for lack of capacity to sue.
Legal Topics
Capacity to Sue, Legal Personality of Charitable Trusts, Representative Actions, Costs
Charity Law Defamation Civil Procedure Capacity to Sue Legal Personality of Charitable Trusts Representative Actions Costs

Case Brief

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Parties

North London Central Mosque Trust (A Charity)

Claimant

Policy Exchange & Denis McEoin

Defendants

Procedural Posture

Civil Defamation (libel) / Interlocutory Application on Capacity to Sue

Legal Issues

  1. 1 Whether an unincorporated charitable trust has capacity to sue for libel
  2. 2 Whether proceedings can be brought in the name of the trust or by trustees on its behalf

Ratio Decidendi

The North London Central Mosque Trust lacks capacity to sue because it is not a legal entity; only entities with legal personality or statutory capacity can sue in their own name, and this does not extend to unincorporated charitable trusts.

Court Disposition

Claim dismissed for lack of capacity to sue.

Orders

  • Defendants awarded costs of the action from the beginning of the proceedings.
  • Defendants awarded costs thrown away by the adjournment before Sharp J on 9 November.