High Court strikes out claim against the Charity Commission for defamation
Charity Commission decisions supported by the High Court
The use of the Commission’s regulatory powers came under external scrutiny in April 2008 with two separate court hearings of legal cases brought by Dr AduSeray-Wurie, a former chairman of London’s East EndCitizen’s AdviceBureau.TheCharity Commission had previously conducted an investigation into various governance irregularities, which resulted in the suspension of Dr Seray-Wurie and the EECAB board restructuring at its AGM in November 2007.
The published report of the inquiry was available on the Commission’s website from 24 August 2007 to21February 2008 and stated, among other findings, that ‘there was evidence that Dr Seray-Wuriehad conducted the Charity’s interaction with its funding bodies, and the Commission ,without seeking the full involvement of the other trustees, and the decisions had significantly undermined the funding bodies’ confidence in the Charity’s ability to deliver service…the Commission found that Dr Seray-Wuriehad authorised the use of the Charity’s funds to pay for legal advice that he had then failed to pass to the Charity.’
On 23 April, the High Court struck out claims brought by Dr Seray-Wurie for defamation, and on other grounds, relating to content of this report on the basis that the report was covered by qualified privilege, and that there was no evidence of malice. The case confirmed the principle that the defence of qualified privilege was capable of applying to statutory inquiry reports published by theCommission unders 8 of the Charities Act 1993.
On 25 April, the High Court dismissed an appeal brought by him against theCommission’s decision to remove him as trustee of African Development Agencies Ltd. The court supported the Commission’s decision to make the removal order.
Andrew Hind, chief executive of the Charity Commission,said: ‘We publish inquiry reports as part of our commitment to accountability and transparency. We’re therefore very pleased that this judgment recognised the legitimate public interest in the publication of these reports in a full and transparent manner. We’re also pleased that the second judgement upheld our decision to remove Dr Seray-Wurie as a trustee in order to protect the interest of the charity.’
DrAduAesick Seray-Wurie vTheCharity
Commission inEngland andWales [2008]
EWHC870(QB
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