Kuits advise on ground-breaking case against Charity Commission ruling

Leading Manchester law firm, Kuits Solicitors, recently achieved a landmark victory by successfully advising its client in a case that resulted in an order from the Charity Commission being quashed for the first time. This unprecedented ruling marks a key moment in charity law and sets a new precedent for future cases.

Kuits and Joshua Winfield from Radcliffe Chambers represented a charity trustee who had been disqualified by the Charity Commission as it argued that he had made inappropriate comments on social media. The case was vigorously contested by the Charity Commission, but Kuits and Mr Winfield demonstrated that the trustee’s conduct did not meet the threshold required to deem them unfit to hold the role of charity trustee.

The Tribunal’s ruling concluded that, although the trustee’s social media comments had the potential to damage public confidence in charities, they did not constitute sufficient grounds for disqualification. The decision raises important questions regarding the scope and limitations of the Charity Commission’s authority. The case has been expressly referred to in Parliament leading Baroness Twycross, Parliamentary Under-Secretary of State at the Department for Culture, Media and Sport to confirm in written answers to the House of Lords that the Charity Commission was considering what lessons could be applied to future casework. (Written questions and answers – Written questions, answers and statements – UK Parliament)

Graham Wood, Partner at Kuits, commented: “This ruling is a landmark achievement, not only for our client but for charity trustees across the sector. It is the first time a disqualification order has been overturned, and this outcome could encourage more former trustees to challenge their disqualification decisions. The case demonstrates that the Charity Commission’s powers must be applied fairly and proportionately, especially in cases where the conduct in question does not meet the high standards required for disqualification.”

Kuits’ Charities team has significant experience in handling all manner of Charity related matters. Its success in this case is expected to prompt further legal challenges and bring greater clarity on how trustees are held accountable for their actions, particularly in the digital age. The case represents a landmark victory in protecting the rights of charity trustees, while maintaining the integrity of the charitable sector.

Mond v The Charity Commission for England and Wales [2025] UKFTT 103 (GRC) (06 February 2025)