The recent case of
Hussain v Chowdhury [2020] EWHC 790 (Ch) makes clear that, before giving permission to commence charity proceedings, the courts expect the parties to actively engage with alternative dispute resolution (ADR) procedures in trying to resolve their dispute.
Masood Ahmed
Charities Act 2011 and CPR
Disputes regarding the administration and operation of charities, referred to as ‘charity proceedings’, are governed by the Charities Act 2011. The Charity Commission, attorney general or a person specified in section 115(1) of the act are permitted to bring charity proceedings. However, any person specified in section 115(1) must obtain permission from the Charity Commission to commence charity proceedings. If permission is refused, a party may seek permission from a High Court judge of the Chancery Division. The procedure for obtaining permission of the court is governed by Civil Procedure Rule 64.6 and Practice Direction 64A, paragraph 9.1 (see also the