- Can a court consider the appropriateness of the actions of a charity in bringing a claim for possession? (Bhamani v Sattar)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: A charity sought injunctions in order to take possession of its premises. The court accepted that the claimants were the persons entitled to possession, and entitled to possession as against the defendants. However, it also considered that there was a triable issue as to whether the charity was acting properly, and in accordance with its fiduciary duties in seeking possession and that such a claim would not be ‘charity proceedings’. It therefore permitted the defendants the opportunity to amend their pleadings to argue that the claim exceeded the powers of the committee or was in breach of their duties. Written by Richard Dew, barrister at Ten Old Square.
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