Bhamani & Ors v Sattar & Ors [2021] EWCA Civ 243 (26 February 2021)

Bhamani & Ors v Sattar & Ors [2021] EWCA Civ 243 (26 February 2021)

Defendants, as objects of the charity, are entitled to defend a claim for exclusion from charity premises by alleging that the trustees are acting for collateral purposes contrary to the charity's objects; such a defence does not convert the proceedings into charity proceedings requiring authorisation under s.115 Charities Act 2011; summary judgment was properly refused as the defence had a real prospect of success and required factual investigation.

Citation
[2021] EWCA Civ 243
Parties
Appellants: Mehboob Bhamani and others; Respondents: Abdul Sattar and others
Jurisdiction
England and Wales
Judgment Date
26 February 2021
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Charity Trustees' Powers, Summary Judgment, Trespass, Standing to Sue, Charity Proceedings Under Charities Act 2011
Charity Law Trusts and Estates Civil Procedure Charity Trustees' Powers Summary Judgment Trespass Standing to Sue Charity Proceedings Under Charities Act 2011

Case Brief

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Parties

Mehboob Bhamani and others

Appellants

Abdul Sattar and others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Summary Judgment

Legal Issues

  1. 1 Whether charity trustees have an absolute right to exclude individuals from charity premises
  2. 2 Whether defendants can raise as a defence that trustees acted for collateral purposes
  3. 3 Whether such a defence converts proceedings into 'charity proceedings' under s.115 Charities Act 2011

Ratio Decidendi

Defendants, as objects of the charity, are entitled to defend a claim for exclusion from charity premises by alleging that the trustees are acting for collateral purposes contrary to the charity's objects; such a defence does not convert the proceedings into charity proceedings requiring authorisation under s.115 Charities Act 2011; summary judgment was properly refused as the defence had a real prospect of success and required factual investigation.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment refused; matter to proceed to trial for factual determination