Charity Commission for Northern Ireland v Attorney General for Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Weatherup LJ |
| Judgment Date | 2016 |
| Neutral Citation | [2016] NICA 37 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2016 |
| Date | 12 October 2016 |
1
Neutral Citation: [2016] NICA 37
Ref:
WEA10054
Judgment: approved by the Court for handing down
Delivered:
12/10/2016
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN
IRELAND
(CHANCERY DIVISION)
________
BETWEEN:
CHARITY COMMISSION FOR NORTHERN IRELAND
Appellant.
-and-
ATTORNEY GENERAL FOR NORTHERN IRELAND
Respondent;
________
Morgan LCJ, Gillen LJ and Weatherup LJ
WEATHERUP LJ (delivering the judgment of the court)
[1] This is an appeal by the Charity Commission for Northern Ireland (“the
Commission”) against the decision of Horner J dated 4 December 2015 by which he
held that a single trustee had standing, under section 22 of the Charities Act
(Northern Ireland) 2008, to seek a review of a decision of the Commission to hold a
statutory inquiry into the governance of a charity. Mr O’Donoghue QC appeared for
the Commission and the Attorney General appeared in person.
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McKee (Trevor) and The Charity Commission for Northern Ireland
...of the words used in the 2008 Act. [31] Weatherup LJ in Charity Commission for Northern Ireland v Attorney General for Northern Ireland [2016] NICA 37 at paragraph [31] stated:- “once a section 22 inquiry has been initiated individual trustees would be powerless to take action in the Charit......