Charity Commission escapes Tribunal costs order

Governance | Gareth Jones | 15 Dec 2009

The Charity Tribunal has ruled that the Charity Commission will not be liable to pay the costs of Nagendram Seevaratnam, who had successfully appealed against his removal as a trustee in October.

In a judgement signed off by principal judge Alison McKenna (pictured), the Tribunal stated that it can only award costs in cases where the Commission’s ‘order’ has been unreasonable, rather than the Commission’s conduct prior to the order.

As such, the Commission was not liable for costs because although the Tribunal disagreed with aspects of the decision and overturned it accordingly, some of the allegations against Seevaratnam were proven, thereby justifying the order itself.

Seevaratnam was represented pro bono for part of the proceedings but incurred legal costs for other aspects of his appeal. He has until 7 January to appeal to the Upper Tribunal.

Directory: Charity Commission | The Charity Tribunal

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