Source: All England Reporter
Publisher Citation: [2006] All ER (D) 43 (Aug)
Court: Chancery Division
Judge:

David Richards J
Representation The applicant appeared in person.
  Jonathan Lopian (instructed by the Treasury Solicitors) for the Attorney-General.
Judgment Dates: 7 August 2006

Catchwords

Charity - Charity Commissioners - Power - Construction of statutory provision - Applicant seeking declaration from court in respect of membership of charitable organisation - Defendant charity commissioners proposing alternative solution to relevant issues - Whether defendants having power to implement proposal - , s 26(1).

The Case

The court refused the applicant's application pursuant to s33(5) of the for leave to continue with an action in circumstances where the general powers of the defendant charity commissioners pursuant to s26(1) of the Act in relation to 'any action proposed or contemplated in the administration of a charity is expedient in the interests of the charity' were wide enough to cover not only matters in respect of a charity's property, but constitutional and membership issues, thereby giving the commissioners the power to proceed with a more practical proposal to the membership issues raised by the applicant.

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