Walsh & Ors v Spence & Ors [2023] EWHC 1661 (Ch) (03 July 2023)

Walsh & Ors v Spence & Ors [2023] EWHC 1661 (Ch) (03 July 2023)

The claimants, as trustees, are entitled to delivery up of documents and records that are the property of the charities or relate to their administration, but not to a full back-up copy of the Sage system, as it contains information beyond the charities' affairs. The court has jurisdiction under CPR Part 64 to make such orders. The relief is limited to documents belonging to the charities and specifically identified documents necessary for the trustees to discharge their duties.

Citation
[2023] EWHC 1661 (Ch)
Parties
Claimant: John Walsh; Claimant: Brian Sutcliffe; Claimant: Keith Illingworth; Defendant: Peter Spence; Defendant: Peter Coton; Defendant: Murray Cable
Jurisdiction
England and Wales
Judgment Date
03 July 2023
Procedural Posture
Part 8 Claim (civil, Trusts/charities) / Judgment After Trial
Outcome
Partially granted
Legal Topics
Trustee Duties, Access to Trust Documents, Charity Governance, Disclosure of Documents, Jurisdiction Under CPR Part 64
Charity Law Trusts Law Civil Procedure Trustee Duties Access to Trust Documents Charity Governance Disclosure of Documents Jurisdiction Under CPR Part 64

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Parties

John Walsh

Claimant

Brian Sutcliffe

Claimant

Keith Illingworth

Claimant

Peter Spence

Defendant

Peter Coton

Defendant

Murray Cable

Defendant

Procedural Posture

Part 8 Claim (civil, Trusts/charities) / Judgment After Trial

Legal Issues

  1. 1 Are the claimants, as trustees of the charities, entitled to delivery up or access to documents and records held by the defendants?
  2. 2 Does the court have jurisdiction under its inherent powers or CPR Part 64 to order such delivery up or access?
  3. 3 Are the claimants entitled to a full back-up copy of the Sage accounting system?

Ratio Decidendi

The claimants, as trustees, are entitled to delivery up of documents and records that are the property of the charities or relate to their administration, but not to a full back-up copy of the Sage system, as it contains information beyond the charities' affairs. The court has jurisdiction under CPR Part 64 to make such orders. The relief is limited to documents belonging to the charities and specifically identified documents necessary for the trustees to discharge their duties.

Court Disposition

Partially granted

Orders

  • Defendants to deliver up forthwith any documents which are the property of the charities, with liberty to apply.
  • Defendants to deliver up the specific documents identified in paragraphs 13 to 15 of Mr Jonathan Crossley's third witness statement (internal audit report by Kay Colgrave, KPMG report regarding allegations of fraud, previous auditors' working papers, details of police enquiry into fraud).