Rosenzweig v NMC Recordings Ltd

Rosenzweig v NMC Recordings Ltd

Mr Rosenzweig qualifies as a 'person interested in the charity' for the purposes of applying for permission, but authority should not be given to prosecute the proceedings as the claim lacks legal merit, is not properly pleaded, would exhaust the Charity's assets, and does not serve the public benefit.

Parties
Claimant: Michael Rosenzweig; Defendant: NMC Recordings Ltd
Jurisdiction
England and Wales
Judgment Date
04 December 2013
Procedural Posture
Charity Proceedings / Application for Permission to Bring Charity Proceedings Under Section 115(5) of the Charities Act 2011
Outcome
Permission to prosecute charity proceedings refused; costs awarded against applicant.
Legal Topics
Standing of Interested Persons, Trustee Duties, Permission to Bring Charity Proceedings, Costs in Charity Litigation
Charity Law Standing of Interested Persons Trustee Duties Permission to Bring Charity Proceedings Costs in Charity Litigation

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Parties

Michael Rosenzweig

Claimant

NMC Recordings Ltd

Defendant

Procedural Posture

Charity Proceedings / Application for Permission to Bring Charity Proceedings Under Section 115(5) of the Charities Act 2011

Legal Issues

  1. 1 Is Mr Rosenzweig a 'person interested in the charity' under section 115 of the Charities Act 2011?
  2. 2 Should permission be granted to prosecute charity proceedings against NMC Recordings Ltd?

Ratio Decidendi

Mr Rosenzweig qualifies as a 'person interested in the charity' for the purposes of applying for permission, but authority should not be given to prosecute the proceedings as the claim lacks legal merit, is not properly pleaded, would exhaust the Charity's assets, and does not serve the public benefit.

Court Disposition

Permission to prosecute charity proceedings refused; costs awarded against applicant.

Orders

  • Mr Rosenzweig must pay the Access to Justice Fund the sum of £15,000 by 17 January 2014.