Q&As

We need to issue proceedings against a private school which is a charitable trust. Do we need to name all the trustees and provide each of their addresses on the Claim Form?

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Produced in partnership with Graeme Kirk of Lamb Chambers
Published on LexisPSL on 05/06/2017

The following Dispute Resolution Q&A produced in partnership with Graeme Kirk of Lamb Chambers provides comprehensive and up to date legal information covering:

  • We need to issue proceedings against a private school which is a charitable trust. Do we need to name all the trustees and provide each of their addresses on the Claim Form?

We need to issue proceedings against a private school which is a charitable trust. Do we need to name all the trustees and provide each of their addresses on the Claim Form?

Charities may be involved in ‘charity proceedings’, or alternatively may be sued like any other individual or institution.

Charity proceedings are defined by section 115(8) of the Charities Act 2011 (CA 2011), as those brought under:

  1. the court's jurisdiction with respect to charities, or

  2. the court's jurisdiction with respect to trusts in relation to the administration of a trust for charitable purposes

Such claims are those which relate to the administration of charities, such as applications for schemes, applications for Beddoe Orders (the Court’s approval of a step taken by a charity, for costs protection), claims in respect of breach of trust or claims by trustees for indemnities out of their trust funds. Charity proceedings may only be brought by parties specified in that Act, and the Attorney-General is usually made a party to such claims.

Claims which are not charity proceedings may, for example, be employment disputes, contractual or tortious claims or other common law disputes such as those concerning land owned by a charity.

When proceedings concern the administration of a Trust, then Part 64 applies and the claim must be issued as a Part 8 claim (CPR 64.1-3). Under CPR 64.4(1)(a), all of the

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