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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> The Independent Schools Council, R (on the application of) v The Charity Commission for England and Wales [2010] EWHC 2604 (Admin) (07 October 2010) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2010/2604.html Cite as: [2011] ACD 2, [2010] EWHC 2604 (Admin) |
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
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B e f o r
e :
____________________
THE QUEEN ON THE APPLICATION OF THE ![]() ![]() ![]() ![]() ![]() | Claimant | |
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THE ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Defendant |
____________________
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Mr R
Pearce Qc Appeared On Behalf Of The Defendant
Mr W Henderson & Mr M Mullen Appeared On Behalf Of Ag
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
MR JUSTICE SALES:
Introduction
The factual background
"Thecharity
trustees of a
charity
must have
regard
to any such guidance when exercising any powers or duties to which the guidance is
relevant."
"Doescharity
law operate in any and if so which of the following ways?
A1 So as to cause a charitable educational institution which performs its objects solely by providing certain services for which it charges fees which cannot be afforded by a significant proportion of the population ofEngland
and
Wales
necessarily to be operating otherwise than for the public benefit within the meaning of "
charity
law" (as defined by paragraph 7(1) of Schedule 1D to the
Charities
Act 1993).
A2 So as to cause an institution established for the sole purpose of the advancement of the education of children whose families can afford to pay feesrepresenting
the cost of the provision of their education not to be established for a charitable purpose."
Issue (1): Should permission be refused
because the judicial
review
claim is otiose in light of the Attorney General's
Reference?
Issue (2): delay
The way forward
MR GIFFIN: My Lord, I am grateful. I don't think that so far as the directions are concerned anything more is
MR JUSTICE SALES: Yes. Mr Pearce?
MR PEARCE: My Lord, I have no additional directions to propose, and I would agree that the appropriate order on costs would be costs
MR JUSTICE SALES:
MR HENDERSON: Nothing to add, my Lord.
MR JUSTICE SALES:
MR GIFFIN: Let me see. I think the costs of this hearing, because the Tribunal will be -- with the other costs in any event.
MR JUSTICE SALES: The
MR PEARCE: I agree, my Lord.
MR JUSTICE SALES:
MR GIFFIN: Perhaps one should say to the Tribunal specifically.
MR JUSTICE SALES: To the Tribunal, and should it be the costs of and in
MR GIFFIN: My Lord, I think it should be.
MR JUSTICE SALES: To cover skeleton arguments and all that sort of thing.
MR GIFFIN: No, thank you.