Source: All England Reporter
Publisher Citation: [2006] All ER (D) 351 (Oct)
Court: Chancery Division

Lawrence Collins J

Representation The claimants appeared by their representative.
  Joseph Goldsmith (instructed by Hewitsons, Northampton) for the first defendant.
Judgment Dates: 27 October 2006


Charity - Proceedings - Composition of executive committee - Claim for declaratory relief - Application for summary judgment and striking out of claim - Whether claimants' failure to seek authorisation of charity commissioners before commencing proceedings fatal to claim.

The Case

In a case where the claimants and defendants sought, inter alia, mutually exclusive declarations as to the composition of the executive committee of a charity for the provision of religious guidance in the Islamic faith, the claimants' claim would be struck out on the ground that it constituted charity proceedings which had not been duly authorised by the charity commissioners. An application for summary judgment on the counterclaim failed, as the complexity of the dispute rendered the case unsuitable for disposal under CPR Pt24.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.