IN THE MATTER OF AN APPLICATION FOR REVIEW OF A DECISION OF THE CHARITY COMMISSION FOR NORTHERN IRELAND TO THE CHARITY TRIBUNAL FOR NORTHERN IRELAND.

Application No. 11/14

BETWEEN

ULSTER SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (‘USPCA’)

Applicant

and

THE CHARITY COMMISSION FOR NORTHERN IRELAND

Respondent

__________________________________

DECISION NOTICE AND DIRECTIONS

__________________________________

1.    On 23.07.2014, the Respondent submitted a request for an extension of time, to 15.08.2014, to submit its Response.

2.    By a Direction of the Tribunal dated 30.06.2014, the Respondent was directed to file its Response within 28 days, that is, by 28.07.2014.

3.    The Respondent failed to comply with that Direction.

4.    An implication may be drawn from the Respondent's request for an extension of time is that it decided not to comply with the Tribunal's Direction in light of an      application made by the Applicant for a stay of proceedings for three calendar months.

5.    The request made by the Respondent might be taken to amount to a position agreed between the parties that had the effect of obviating a decision of the Tribunal made following a lengthy hearing on 30.06.2014 to consider whether to extend time and admit the substantive application.

6.    The Tribunal, having extended time and admitted the application, and having rejected a renewed application by the Applicant to have its application to extend time and admit the substantive application adjourned, expressly directed the Respondent to furnish its Response by 28.07.2014.

7.    In light of the reasons advanced by the Respondent for its request for an extension of time, it is inconceivable that the Respondent did not have its Response essentially drafted by 23.07.2014 but chose to request an extension of time and failed to file its Response as directed by the Tribunal despite its application not having been granted by 28.07.2014.

8.    The Respondent is reminded of the potential consequences of a failure on its part to comply with a Direction of the Tribunal as set out in Rule 6 of the Charity Tribunal Rules (Northern Ireland) 2010.

9.    On this occasion, and exceptionally, the Respondent's request for an extension of time is, on balance, extended and the Respondent is directed to furnish its Response by no later than 4.00pm on Friday, 15.08.2014 and serve same, within the same time limits, on the Applicant.

10. The Tribunal will consider any further Directions for the management of these proceedings thereafter in accordance with the said Directions issued on 30.06.2014.

Signed:

Damien J. McMahon.   31.07.2014.
President