North London Central Mosque Trust (A Charity) v Policy Exchange & Anor

North London Central Mosque Trust (A Charity) v Policy Exchange & Anor

The North London Central Mosque Trust lacks capacity to sue because it is not a legal entity; neither the trust nor its trustees can confer capacity to sue on a non-existent entity, and Parliament has not conferred such capacity on charitable trusts.

Source-derived case information.

Parties
Claimant: North London Central Mosque Trust; Defendant: Policy Exchange & Denis McEoin
Jurisdiction
England and Wales
Judgment Date
26 November 2009
Procedural Posture
Civil / Ruling on Capacity to Sue and Costs
Outcome
Claimant lacks capacity to sue; defendants awarded costs.
Legal Topics
Capacity to Sue, Legal Personality, Charitable Trusts, Defamation, Costs
Civil Procedure Charity Law Defamation Capacity to Sue Legal Personality Charitable Trusts Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

North London Central Mosque Trust

Claimant

Policy Exchange & Denis McEoin

Defendant

Procedural Posture

Civil / Ruling on Capacity to Sue and Costs

Legal Issues

  1. 1 Whether North London Central Mosque Trust has capacity to sue for defamation
  2. 2 Whether costs should be awarded to the defendants from the beginning of the action or a later date
  3. 3 Entitlement to costs thrown away by adjournment

Ratio Decidendi

The North London Central Mosque Trust lacks capacity to sue because it is not a legal entity; neither the trust nor its trustees can confer capacity to sue on a non-existent entity, and Parliament has not conferred such capacity on charitable trusts.

Court Disposition

Claimant lacks capacity to sue; defendants awarded costs.

Orders

  • North London Central Mosque Trust lacks capacity to sue for libel.
  • Defendants awarded costs of the action from the beginning.