Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return
Is the Charity registered with the Charity Commission please?
My question text already tells you that the charity is registered.
My question text (second sentence) should tell you that the charity is registered.
The problem has changed now. I have ascertained (I think) that what I need to do is to issue a claim in discrimination against the trustees. To b ecome able to do that, I first need to make a claim against the charity contact, perhaps using Part 8, for specific performance to reveal to me who the trustees were on the date of the decision, and their addresses for service.
Basically, it is a complete nightmare trying to sue an unincorporated association that refuses to reveal the names and addresses of its trustees. I wouldn't bother answering today's question, because by tomorrow it is likely to have changed.
I have missed that and having re-read the question it does not appear obvious but my mistake.
If the Charity is registered then the rules allow you to sue an incorporated body.
If you are bringing a claim under Part 8 then you should use Part 7 and name the Defendants
But Part 7 would be the way forward as it would only change to a Part 7 claim for discrimination anyway,
However the Rules allow you to sue this body at their address given by the CC.
You can though write and ask for an address to service and if they ignore you bring a claim which is registered anyway.
But you can bring it against an unicorporated body. It would be for them to raise in any defence and if it was you could add the trustees as second defendant etc.
Can I clarify anything for you about this today please?