The defendant asserted that the claimant had no capacity (by way of identity) to allow it to sue in defamation.
Held: North London Central Mosque Trust lacks capacity. It is not an entity capable of suing for libel: ‘Parliament has not conferred capacity to sue on this claimant or on charitable trusts in general. It is not a human being or a group of human beings, nor is it a corporation or quasi-corporation in the sense that it has been given some of the attributes of a corporation,’
Judges:
Eady J
Citations:
[2009] EWHC 3311 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Taff Vale Railway Co v Amalgamated Society of Railway Servants HL 22-Jul-1901
A trade union, an unincorporated association, could be sued in its own name despite the absence of any statutory provision permitting it. Lord Lindley said that the problem of how to adapt legal proceedings to unincorporated societies consisting of . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 24 March 2022; Ref: scu.581604