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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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P is an unincorporated association. The Charity Commission

Customer Question

P is an unincorporated association. The Charity Commission (CC) lists three trustees, without contact details, and a "contact" with contact details who is not one of the trustees. Letting Agent S is instructed by G, described as chairman of the trustees, but who is not one of the three trustees whom CC lists. P's premises are vested in the Official Custodian for Charities (OCC), on trust for the trustees of P.

I believe that I have been discriminated against in the matter of letting of a flat above P's premises, by reason of disability. Jurisdiction lies with the county court.

P cannot be sued because an unincorporated association is not a legal person. P's contact has ignored my email asking to whom to address my letter of claim for discrimination (although there is no official pre-action protocol for discrimination).

Who is/are my potential defendant(s)? Would that be G (who communicated the decision that I was unwanted as a tenant to S, refusing to give reasons), the trustees as multiple defendants, or the OCC? How can I obtain contact details for G or the trustees, including address for service if a claim has to be made? What if the trustees whom CC lists are not the present trustees? How can I find out who the present trustees are, lest the CC records be out-of-date?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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

Alex Watts :

Is the Charity registered with the Charity Commission please?

JACUSTOMER-ifu1qauy- :

My question text already tells you that the charity is registered.

JACUSTOMER-ifu1qauy- :

My question text (second sentence) should tell you that the charity is registered.

JACUSTOMER-ifu1qauy- :

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.

JACUSTOMER-ifu1qauy- :

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.

Alex Watts :

I have missed that and having re-read the question it does not appear obvious but my mistake.

Alex Watts :

If the Charity is registered then the rules allow you to sue an incorporated body.

Alex Watts :

If you are bringing a claim under Part 8 then you should use Part 7 and name the Defendants

Alex Watts :

But Part 7 would be the way forward as it would only change to a Part 7 claim for discrimination anyway,

Alex Watts :

However the Rules allow you to sue this body at their address given by the CC.

Alex Watts :

You can though write and ask for an address to service and if they ignore you bring a claim which is registered anyway.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

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