Singh & Ors v The Charity Commission & Ors

Singh & Ors v The Charity Commission & Ors

Relief from sanctions is granted because, despite serious and unjustified delay, the default was remedied relatively soon after the final refusal to vary the unless order, disruption to the court system is minimal, and the interests of justice marginally favour reinstatement. Costs thrown away by the costs and case management conference between striking out and the application for relief must be borne by the original claimants.

Parties
Claimant: Tarsem Singh; Claimant: Manjit Singh Boparai; Defendant: The Charity Commission; Defendant: Sukhbinder Singh Sandhu; Defendant: Surjit Singh Mattu; Defendant: Ajit Singh Brainch; Defendant: Her Majesty’s Attorney General
Jurisdiction
England and Wales
Judgment Date
29 June 2017
Procedural Posture
Civil (charity/trust) / Application for Relief From Sanctions Following Debarring Order and Striking Out of Defence to Counterclaim
Outcome
Relief from sanctions granted; proceedings reinstated.
Legal Topics
Relief From Sanctions, Costs Orders, Representative Proceedings, Management of Charitable Trusts
Charity Law Civil Procedure Relief From Sanctions Costs Orders Representative Proceedings Management of Charitable Trusts

Case Brief

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Parties

Tarsem Singh

Claimant

Manjit Singh Boparai

Claimant

The Charity Commission

Defendant

Sukhbinder Singh Sandhu

Defendant

Surjit Singh Mattu

Defendant

Ajit Singh Brainch

Defendant

Her Majesty’s Attorney General

Defendant

Procedural Posture

Civil (charity/trust) / Application for Relief From Sanctions Following Debarring Order and Striking Out of Defence to Counterclaim

Legal Issues

  1. 1 Whether relief from sanctions should be granted after claimants were debarred for non-payment of costs
  2. 2 Whether the proceedings should be reinstated after late compliance with a costs order

Ratio Decidendi

Relief from sanctions is granted because, despite serious and unjustified delay, the default was remedied relatively soon after the final refusal to vary the unless order, disruption to the court system is minimal, and the interests of justice marginally favour reinstatement. Costs thrown away by the costs and case management conference between striking out and the application for relief must be borne by the original claimants.

Court Disposition

Relief from sanctions granted; proceedings reinstated.

Orders

  • Relief from sanctions granted to the original claimants.
  • Proceedings reinstated on terms indicated by the court.