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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Charity Commission for England And Wales v Wright & Anor [2019] EWHC 3375 (Ch) (08 November 2019) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2019/3375.html Cite as: [2019] EWHC 3375 (Ch) |
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
PROPERTY, TRUSTS AND PROBATE LIST
ChD
Strand London WC2A 2LL |
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B e f o r e :
____________________
CHARITY COMMISSION FOR ENGLAND AND WALES | ||
and | ||
RAYMOND WRIGHT & SUSAN WRIGHT |
____________________
291-299 Borough High Street, London SE1 1JG
Tel: 020 7269 0370
[email protected]
NO APPEARANCE by or on behalf of the Respondents
____________________
Crown Copyright ©
MR JUSTICE MORGAN:
"For the purposes of an inquiry, the Commission, or a person appointed by the Commission to conduct it, may direct any person –
(a) if a matter in question at the inquiry is one of which the person has or can reasonably obtain information –
(i) to provide accounts and statements in writing with respect to the matter, or to return answers in writing to any questions or inquiries addressed to the person on the matter, and(ii) to verify any such accounts, statements or answers by statutory declaration;
(b) to provide copies of documents which are in the custody or under the control of the person and which relate to any matter in question at the inquiry, and to verify any such copies by statutory declaration;
(c) to attend at a specified time and place to give evidence or produce any such documents
But this is subject to the provisions of this section."
"1) whether the respondents have been served the relevant documents, including the notice of the hearing;
2) whether the respondents have had sufficient notice to enable them to prepare for the hearing;
3) whether any reasons have been advanced for their non-appearance;
4) whether by reference of the nature of the circumstances of the respondent's behaviour, they have waived their right to be present, (i.e. is it reasonable to conclude that the respondents knew of, or were indifferent to, the consequences of the case proceeding in their absence);
5) whether an adjournment would be likely to secure the attendance of the respondents, or at least facilitate their representation;
6) the extent of the disadvantage to the respondents in not being to present their account of events;
7) whether undue prejudice would be caused to the applicant by any delay;
8) whether undue prejudice would be caused to the forensic process if the application was to proceed in the absence of the respondents;
9) [the terms of the overriding objective, which refers to dealing with cases justly, expeditiously, fairly, and taking steps to further the overriding objective.]"