Park v Cho & Ors [2014] EWHC 55 (Ch) (24 January 2014)

Park v Cho & Ors [2014] EWHC 55 (Ch) (24 January 2014)

The Charity Commission's order authorising enforcement proceedings was sufficient authority under s.115 Charities Act 2011 to lift the stay, as 'taking of proceedings' includes taking steps within existing proceedings; lack of prior authorisation does not render previous orders a nullity, and retrospective authorisation is permissible.

Citation
[2014] EWHC 55 (Ch)
Parties
Claimant/respondent: Young Geun Park; First Defendant/appellant: Tae Hyeon Cho; Second Defendant/appellant: Il Soo Seok (acting on behalf of the Korean Residents Society); Third Defendant: Her Majesty's Attorney General; Third Party: Kap Joong Kwon (acting on behalf of the Korean Residents Society)
Jurisdiction
England and Wales
Judgment Date
24 January 2014
Procedural Posture
Appeal / Judgment on Appeal Against Order Lifting Stay in Charity Proceedings
Outcome
Appeal refused; permission to appeal denied.
Legal Topics
Charity Proceedings Authorisation, Retrospective Authorisation, Enforcement of Costs Orders, Jurisdiction and Nullity, Stay of Proceedings
Charity Law Civil Procedure Charity Proceedings Authorisation Retrospective Authorisation Enforcement of Costs Orders Jurisdiction and Nullity Stay of Proceedings

Case Brief

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Parties

Young Geun Park

Claimant/respondent

Tae Hyeon Cho

First Defendant/appellant

Il Soo Seok (acting on behalf of the Korean Residents Society)

Second Defendant/appellant

Her Majesty's Attorney General

Third Defendant

Kap Joong Kwon (acting on behalf of the Korean Residents Society)

Third Party

Procedural Posture

Appeal / Judgment on Appeal Against Order Lifting Stay in Charity Proceedings

Legal Issues

  1. 1 Whether the Charity Commission's order constituted sufficient authority under s.115 Charities Act 2011 to lift the stay on proceedings
  2. 2 Whether authorisation can be granted for enforcement proceedings only, not the substantive proceedings as a whole
  3. 3 Whether lack of authorisation renders previous orders or proceedings a nullity or liable to be set aside

Ratio Decidendi

The Charity Commission's order authorising enforcement proceedings was sufficient authority under s.115 Charities Act 2011 to lift the stay, as 'taking of proceedings' includes taking steps within existing proceedings; lack of prior authorisation does not render previous orders a nullity, and retrospective authorisation is permissible.

Court Disposition

Appeal refused; permission to appeal denied.

Orders

  • Stay on proceedings lifted as per Master Marsh's order.
  • No further stay granted pending any out-of-time appeal.