Singh v The Charity Commission & Ors [2016] EWHC B33 (Ch) (22 December 2016)

Singh v The Charity Commission & Ors [2016] EWHC B33 (Ch) (22 December 2016)

Permission to discontinue proceedings is refused with immediate effect because claimants' conduct was found to be evasive and tactical, the Charity Commission's refusal was procured by claimants' withdrawal of their request and incomplete information, and justice requires that defendants be given a time-limited opportunity to take over the proceedings by filing a counterclaim and seeking authorisation from the Charity Commission. The interim injunction and stay remain in place for a limited period to allow this.

Citation
[2016] EWHC B33 (Ch)
Parties
Claimant: C1 (President of the Committee); Claimant: C2 (General Secretary of the Committee); Defendant: Second Defendant (Trustee); Defendant: Third Defendant (Trustee); Defendant: Fourth Defendant (Trustee); Defendant: Charity Commission (CC); Defendant: Attorney-General (A-G)
Jurisdiction
England and Wales
Judgment Date
22 December 2016
Procedural Posture
Charity Proceedings (internal Dispute) / Application for Permission to Discontinue Claim; Interim Injunction and Stay in Place
Outcome
Application for permission to discontinue refused; proceedings not discontinued immediately.
Legal Topics
Charity Proceedings Authorisation, Interim Injunctions, Discontinuance of Proceedings, Consent Orders, Abuse of Process, Trustee Duties
Charity Law Civil Procedure Charity Proceedings Authorisation Interim Injunctions Discontinuance of Proceedings Consent Orders Abuse of Process Trustee Duties

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Parties

C1 (President of the Committee)

Claimant

C2 (General Secretary of the Committee)

Claimant

Second Defendant (Trustee)

Defendant

Third Defendant (Trustee)

Defendant

Fourth Defendant (Trustee)

Defendant

Charity Commission (CC)

Defendant

Attorney-General (A-G)

Defendant

Procedural Posture

Charity Proceedings (internal Dispute) / Application for Permission to Discontinue Claim; Interim Injunction and Stay in Place

Legal Issues

  1. 1 Whether claimants should be granted permission to discontinue proceedings under CPR 38.2(2)(a)
  2. 2 Whether the interim injunction/consent order should remain in force
  3. 3 Whether the Charity Commission's refusal to authorise proceedings is determinative

Ratio Decidendi

Permission to discontinue proceedings is refused with immediate effect because claimants' conduct was found to be evasive and tactical, the Charity Commission's refusal was procured by claimants' withdrawal of their request and incomplete information, and justice requires that defendants be given a time-limited opportunity to take over the proceedings by filing a counterclaim and seeking authorisation from the Charity Commission. The interim injunction and stay remain in place for a limited period to allow this.

Court Disposition

Application for permission to discontinue refused; proceedings not discontinued immediately.

Orders

  • Defendants to serve and file a counterclaim and apply to the Charity Commission for authorisation within four weeks (by 20.1.17).
  • Stay lifted for those purposes; otherwise, stay and injunction remain until 31.3.17.