Jack Sparrow, Rosemary Carne and Nigel Wepsper v Charity Commission for England & Wales and The Trustees of the Bath Recreation Ground

Jack Sparrow, Rosemary Carne and Nigel Wepsper v Charity Commission for England & Wales and The Trustees of the Bath Recreation Ground

The Scheme was justified due to mismanagement, conflicts of interest, and a cy-pres occasion arising from the Leisure Centre's occupation. The Commission had power to make the Scheme, complied with statutory requirements, and considered relevant information. Amendments are required to improve governance, trustee independence, and ensure arrangements further the Charity's objects.

Parties
First Appellant: Jack Sparrow; Second Appellant: Rosemary Carne; Third Appellant: Nigel Websper; First Respondent: Charity Commission for England and Wales; Second Respondent: Trustees of the Bath Recreation Ground
Jurisdiction
England and Wales
Judgment Date
27 March 2014
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed in part; Scheme to be amended.
Legal Topics
Cy Pres Doctrine, Charitable Trust Governance, Conflict of Interest, Scheme Amendment, Lease Validity, Trustee Appointment, Public Benefit
Charity Law Trusts Law Administrative Law Cy Pres Doctrine Charitable Trust Governance Conflict of Interest Scheme Amendment Lease Validity +2 more

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Parties

Jack Sparrow

First Appellant

Rosemary Carne

Second Appellant

Nigel Websper

Third Appellant

Charity Commission for England and Wales

First Respondent

Trustees of the Bath Recreation Ground

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Was the Scheme properly made by the Commission under Section 69 of the Charities Act 2011?
  2. 2 Did the Commission comply with publication requirements under Section 88?
  3. 3 Did the Commission consider all relevant information when making the Scheme?

Ratio Decidendi

The Scheme was justified due to mismanagement, conflicts of interest, and a cy-pres occasion arising from the Leisure Centre's occupation. The Commission had power to make the Scheme, complied with statutory requirements, and considered relevant information. Amendments are required to improve governance, trustee independence, and ensure arrangements further the Charity's objects.

Court Disposition

Appeal allowed in part; Scheme to be amended.

Orders

  • Scheme for the Recreation Ground, Bath dated 12 June 2013 to be amended as per Tribunal's Annex.
  • Commission to prepare draft Order reflecting amendments.