Appeals by former charity trustee struck out by tribunal

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The Charity Tribunal has struck out two appeals brought by a former trustee of the Dove Trust against orders of the Charity Commission. The appeals related to an order to appoint an interim manager to manage the trust in place of the trustees and an order freezing the charity's bank accounts.

In striking out the application (Bryan Gunn v Charity Commission of England and Wales [2014]), the tribunal used its powers to strike out proceedings on the basis that the appellant has no reasonable prospect of his case, or any part of it, succeeding. It found, in particular, that the appellant disputed the evidence the Commission had relied upon in making its orders and wanted the tribunal to review the Commission's decision-making processes. The tribunal clarified that it had no power to review the way in which a decision had been made by the Commission; it could only re-consider the decision entirely by way of a new hearing. In this case, fresh evidence meant that the tribunal was unlikely to exercise its discretion to quash the orders.

View the link to read the NCVO guidance on how to bring proceedings before the Charity Tribunal.