Heather & Ors, R (on the application of) v Leonard Cheshire Foundation & Anor [2001] EWHC Admin 429 (15th June, 2001)

Heather & Ors, R (on the application of) v Leonard Cheshire Foundation & Anor [2001] EWHC Admin 429 (15th June, 2001)

Leonard Cheshire Foundation does not exercise functions of a public nature in relation to claimants for purposes of Human Rights Act or judicial review; proceedings are not charity proceedings requiring prior authority as Charity Commissioners have granted authority, rendering issue academic.

Citation
[2001] EWHC Admin 429
Parties
Claimant: Elizabeth Heather; Claimant: Martin Ward; Claimant: Hilary Callin; First Defendant: Leonard Cheshire Foundation; Second Defendant: H. M. Attorney General
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Preliminary Jurisdictional Ruling
Outcome
Claim dismissed on jurisdictional grounds
Legal Topics
Public Authority Definition, Human Rights Act 1998, Judicial Review, Charities Act 1993 Section 33, Legitimate Expectation, Article 8 ECHR
Public Law Human Rights Law Charity Law Public Authority Definition Human Rights Act 1998 Judicial Review Charities Act 1993 Section 33 Legitimate Expectation +1 more

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Parties

Elizabeth Heather

Claimant

Martin Ward

Claimant

Hilary Callin

Claimant

Leonard Cheshire Foundation

First Defendant

H. M. Attorney General

Second Defendant

Procedural Posture

Judicial Review / Preliminary Jurisdictional Ruling

Legal Issues

  1. 1 Whether Leonard Cheshire Foundation acts as a public authority under section 6(3)(b) Human Rights Act 1998
  2. 2 Whether proceedings are charity proceedings under section 33 Charities Act 1993

Ratio Decidendi

Leonard Cheshire Foundation does not exercise functions of a public nature in relation to claimants for purposes of Human Rights Act or judicial review; proceedings are not charity proceedings requiring prior authority as Charity Commissioners have granted authority, rendering issue academic.

Court Disposition

Claim dismissed on jurisdictional grounds

Orders

  • No order to quash Trustees' decisions
  • Proceedings not struck out as charity proceedings due to Charity Commissioners' authority