THE CHARITIES ACT (NORTHERN IRELAND) 2008

THE CHARITY TRIBUNAL RULES (NORTHERN IRELAND) 2010

 

 

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

 

Appeal No. 1/16

 

BETWEEN

 

    PHENNICK COVE DEVELOPMENTS

Appellant

 

and

 

THE CHARITY COMMISSION FOR NORTHERN IRELAND

Respondent

 

   ___________________________________

           

DIRECTIONS (VARIATION)

                                   ___________________________________

 

 

UPON READING correspondence dated 6 July 2016 from a solicitor for the Respondent and correspondence from the Appellant’s representative dated 8 July 2016 in response thereto;

 

AND UPON reviewing the Directions Notice dated 1 July 2016, issued to the parties on 4 July 2016;

 

IT IS DIRECTED that the said Directions are varied as follows (all other Directions in the Directions Notice dated 1 July 2016 remaining extant):

 

“Preliminary Issue

 

4.   The substantive issue for determination in this appeal is whether or not the Respondent was correct and justified in registering the Appellant as a charity pursuant to s.16 of the Charities Act (Northern Ireland) 2008 ('the Act').

 

5.   However, at the hearing, the solicitor for the Respondent stated that the Appellant had made application to it to be registered as a charity.

 

6.   The Respondent is directed, by 1 August 2016, to furnish a submission in writing setting out the factual background to the assertion that the Appellant had made application to it to be registered as a charity and its position on the implications, if any, of that fact for the substantive issue to be determined in this appeal and, at the same time, to serve a copy of the Appellant.

 

7.   The Appellant is directed, within 14 days of being sent a copy of the said submission of the Respondent, to furnish its position on this preliminary issue, including its position on the implications, if any, if the Appellant did make an application to be registered as a charity, for the substantive issue to be determined in this appeal and, at the same time, to serve a copy on the Respondent.

 

8.   The Tribunal will, thereafter, determine the preliminary issue.

  

Mode and Length of Hearing

 

11. Subject to determination by the Tribunal of the preliminary issue, this appeal shall    be listed for an oral hearing on a date to be fixed between 26 October 2016 and 25 November 2016, with a time estimate of one day, in the Tribunal Hearings Centre, Royal Courts of Justice, Chichester Street, Belfast at 9.30am.

 

12. [Deleted]

 

Bundle of Documents

 

13.  The parties are to use their best endeavours to agree the contents of a bundle of documents to be considered at the hearing of this appeal in accordance with the following Directions.

 

14.  The first draft of an indexed bundle of paginated documents is to be prepared by the Appellant and served on the Respondent by 1 September 2016.

 

15.  By 12 September 2016, the Respondent is to notify the Appellant whether there are any additional documents in its possession that it wishes to add to the bundle.

 

16.  A consolidated version of the bundle is to be prepared by the Appellant and furnished to the Respondent by 19 September 2016.

 

     Witness Statements

 

17.  By 19 September 2016, the parties are to exchange with each other any written witness statements, attested as to the truth of their contents, upon which they wish to rely or to confirm that they will not be calling witness evidence. If witness statements refer to any documents in the bundle, the relevant page numbers of the relevant bundle are to be given.

 

18.  The witness statements are to stand as evidence in chief at the hearing (save that, exceptionally, supplementary questions in chief may be asked with the permission of the Tribunal). No party may call any witness in respect of whom a written statement has not been exchanged without the express permission of the Tribunal. Each party is to notify the other parties if it wishes to cross examine any witness in respect of whom a statement has been filed by 23 September 2016.

 

      Disclosure of Bundle to Tribunal

 

 19. A final version of the hearing bundle, to include any witness statements and any exhibits, is to be prepared by the Appellant and three copies are to be lodged with the Tribunal by 23 September 2016. A further copy is also to be brought by the Appellant to the hearing for use by witnesses.

 

      Skeleton Arguments

 

20. Written skeleton arguments are to be exchanged by the parties and lodged with the Tribunal by e.mail by 19 September 2016.

 

Bundle of Authorities and Statutory Materials

 

21. The parties are to agree a bundle of authorities and statutory materials, which shall

         be prepared by the Appellant, by 19 September 2016. The index to this bundle is to be sent by e.mail to the Tribunal also on that date thereafter and two hard copies are to be lodged with the Tribunal at the hearing.”

 

 

 

Signed:

 

 

 

Damien J. McMahon.                                        8th July 2016.

President