Rosenzweig v NMC Recordings Ltd [2013] EWHC 3792 (Ch) (04 December 2013)

Rosenzweig v NMC Recordings Ltd [2013] EWHC 3792 (Ch) (04 December 2013)

Although claimant is a 'person interested in the charity' for purposes of s.115, authority to prosecute proceedings is refused because the claim lacks legal substance, focuses on personal benefit, would exhaust charity assets, and has no real prospect of success.

Citation
[2013] EWHC 3792 (Ch)
Parties
Claimant: Michael Rosenzweig; Defendant: NMC Recordings Ltd
Jurisdiction
England and Wales
Judgment Date
04 December 2013
Procedural Posture
Application for Permission to Bring Charity Proceedings / Judgment on Application for Leave Under Charities Act 2011 S.115(5)
Outcome
Application refused; claimant denied permission to prosecute charity proceedings.
Legal Topics
Standing of Interested Persons, Charity Proceedings, Trustee Duties, Permission to Bring Proceedings, Costs in Charity Litigation
Charity Law Trusts Standing of Interested Persons Charity Proceedings Trustee Duties Permission to Bring Proceedings Costs in Charity Litigation

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Parties

Michael Rosenzweig

Claimant

NMC Recordings Ltd

Defendant

Procedural Posture

Application for Permission to Bring Charity Proceedings / Judgment on Application for Leave Under Charities Act 2011 S.115(5)

Legal Issues

  1. 1 Is the claimant a 'person interested in the charity' under Charities Act 2011 s.115?
  2. 2 Should permission be granted to prosecute charity proceedings against the charity?

Ratio Decidendi

Although claimant is a 'person interested in the charity' for purposes of s.115, authority to prosecute proceedings is refused because the claim lacks legal substance, focuses on personal benefit, would exhaust charity assets, and has no real prospect of success.

Court Disposition

Application refused; claimant denied permission to prosecute charity proceedings.

Orders

  • Claimant to pay Access to Justice Fund £15,000 by 17 January 2014 for costs.