Mermaids v Charity Commission for England & Wales and The Trustees of LGB Alliance

It is in the interests of justice to permit remote observation by members of the public within the UK, subject to strict conditions, and to restrict disclosure of documents including witness statements to named individuals with confidentiality undertakings.

Parties: Appellant: Mermaids; First Respondent: The Charity Commission for England and Wales; Second Respondent: The Trustees of LGB Alliance
Jurisdiction: England and Wales
Judgment Date: 06 September 2022
Procedural Posture: Appeal / Pre Hearing Directions
Outcome: Directions issued for hearing format, remote observation, remote participation, and document disclosure.
Legal Topics: Remote Hearings, Disclosure of Documents, Confidentiality Orders, Public Access to Proceedings

Charity Law Administrative Law Remote Hearings Disclosure of Documents Confidentiality Orders Public Access to Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Mermaids

Appellant

The Charity Commission for England and Wales

First Respondent

The Trustees of LGB Alliance

Second Respondent

Procedural Posture

Appeal / Pre Hearing Directions

Legal Issues

1 Whether remote observation by the public should be permitted
2 Whether remote participation by parties and witnesses should be allowed
3 Whether witness statements may be shared with third parties

Ratio Decidendi

Court Disposition

Directions issued for hearing format, remote observation, remote participation, and document disclosure.

Orders

Remote observation permitted for UK-based individuals subject to identification and conduct requirements.
Remote participation allowed for parties, representatives, and witnesses unable to attend in person, subject to tribunal approval.