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Tribunal decides not to award costs against the Charity Commission

December 2009

Further to our report in Caritas, issue 24, November 2009 that the first tier tribunal had rejected all seven grounds given by the Charity Commission for its decision to remove Nagendram Seevaratnam as a trustee of the Sivayogam temple on 27 March 2008, it has decided not to award costs against the regulator.

It is unusual for the tribunal to make costs orders, but could have done to on this occasion if it chose to do so because the Charity Commission’s original costs order was ‘unreasonable’.

 The tribunal did find that some of the allegations of misconduct and mismanagement against Mr Seevaratnam were proven, but on balance agreed that the original costs order was reasonable in the circumstances.
 
The parties have 28 days from the 10 December ruling to apply for permission to appeal to the upper tribunal on a point of law. The right to appeal applies not only to this decision but also the earlier one made on 13 October.
 
www.charity.tribunals.gov.uk/documents/decisions/CostsRuling10thDecember2009.pdf
 
 
 
 
Clarissa Dann

Author: Clarissa Dann

Clarissa Dann was the editor of Caritas as well as an HR and management online service,he People Bulletin until July 2011.

She is now the editor of the specialist trade finance magazine, Trade and Forfaiting Review which can be viewed at www.tfreview.com but does write on charity finance and investment from time to time.

Clarissa has a background in legal and professional publishing, as well as business journalism and holds an MBA from Cass Business School. She has been one of the judges for the non-profit category of the Chartered Institute of Marketing's Excellence in Marketing Awards for the second year running.

She has also acted as clerk to the trustees of a small almshouses charity and as a member nominated trustee to a pension scheme of a multinational publishing company.

 

Click here for other articles written by Clarissa Dann

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