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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Watch Tower Bible & Tract Society of Britain v Charity Commission  EWHC 4135 (Admin) (12 December 2014)
Cite as:  EWHC 4135 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|WATCH TOWER BIBLE & TRACT SOCIETY OF BRITAIN||Claimant|
WordWave International Ltd (a Merrill Corporation Company)
8th Floor, 165 Fleet Street, London, EC4A 2DY
Tel: 020 7421 4043 Fax: 020 7404 1424
(Official Shorthand Writers to the Court)
Mr I Steele appeared on behalf of the Defendant
Crown Copyright ©
MR JUSTICE DOVE:
The broad principles
The production order
"15(1) The Commission has the following general functions...
3. Identifying and investigating apparent misconduct or mismanagement in the administration of charities and taking remedial or protective action in connection with misconduct or mismanagement in the administration of charities."
"16. The Commission has the following general duties...
4. In performing its functions the Commission must, so far as relevant, have regard to the principles of best regulatory practice (including the principles under which regulatory activities should be proportionate, accountable, consistent, transparent and targeted only at cases in which action is needed)."
"52(1) The Commission may by order -
(a) require any person to provide the Commission with any information which is in that person's possession and which -
(i) relates to any charity, and
(ii) is relevant to the discharge of the functions of the Commission or of the official custodian."
"320(2) On such an appeal the Tribunal must consider whether the information or document in question -
(a) relates to a charity;
(b) is relevant to the discharge of the functions of the Commission or the official custodian."
(a) quash the order;
(b) substitute for all or part of the order any other order which could have been made by the Commission."
"46(1) The Commission may from time to time institute inquiries with regard to charities or a particular charity or class of charities, either generally or for particular purposes."
"321(1) An application may be made to the Tribunal for the review of a reviewable matter...
(4) In determining such an application the Tribunal must apply the principles which would be applied by the High Court on an application for judicial review.
(5) The Tribunal may --
(a) dismiss the application, or
(b) if it allows the application, exercise any power mentioned in the entry in column 3 of Schedule 6 which corresponds to the entry in column 1 which relates to the reviewable matter."