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 can bring actions in defamation, and the trust has not been incorporated nor given such capacity by statute.

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

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

North London Central Mosque Trust

Claimant

Policy Exchange & Denis McEoin

Defendants

Procedural Posture

Civil (libel) / Preliminary Issue on Capacity to Sue

Legal Issues

  1. 1 Whether an unincorporated charitable trust has capacity to sue for defamation
  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 can bring actions in defamation, and the trust has not been incorporated nor given such capacity by statute.

Court Disposition

Claim dismissed for lack of capacity.

Orders

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