Darren Anthony Wilson v The Charity Commission for England and Wales [2024] UKUT 00347 (TCC)
Upper Tribunal tax and Chancery decision of Mark West Judge of the Upper Tribunal on 07 November 2024
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The decision of the First-tier Tribunal (General Regulatory Chamber) (Charities) dated 26 June 2023 (after a video hearing on 17-19 January and 2 February 2023) under file reference CA/2022/0006 involves error on a point of law. The appeal and cross-appeal against that decision are allowed and the decision of the Tribunal is set aside.
The matter is remitted to a differently constituted tribunal for a complete rehearing.
The new tribunal must consider and make relevant findings as to whether or not
(a) one or more of the conditions listed in s.181A(7) of the Charities Act 2011 is satisfied:
(b) the Appellant is unfit to act as a charity trustee;
(c) it is desirable in the public interest to make an order in order to protect public trust and confidence in charities;
(d) the Tribunal should exercise its discretion to make an order and, if so, what that order should encompass and in particular whether it should apply to all charities or only some, the length of any disqualification and whether the order should or should not prevent the Appellant from exercising any senior management function in a charity.