The Spade Hammer and Pen Society v Charity Commission of England and Wales

Pursuant to rule 8(2)(a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2010/43), as amended (Footnote: ¹), this appeal is struck out.

On 04 October 2024, the Tribunal received a GRC1 form in which the Appellant stated they wished to appeal against a decision of the Charity Commission dated 20 May 2015 and referred to in an attached email dated 25 September 2024. An email dated 25 September 2024 is referred to in the GRC as being a document which would deal with the issue of the appeal being (it would appear) some 10 years out of time; the Tribunal does not appear to have received that email.

Accompanying the GRC1 was an email dated 20 August 2024 and sent to the Charity Commission of England and Wales. The reference line in that email reads: “Enforcement Proceedings under Case No. T20147372 / EC Regulation 852/2004”. The email refers to County Court proceedings, high Court proceedings, Crown Court proceedings and matters to do with the Licensing Act 2003 and Birmingham City Council’s Licensing Sub-Committee. Also accompanying the GRC1 (potentially because they had accompanied the 20 August 2024 email to the Charity Commission) were documents about a County Court claim at Birmingham with Claim Number A00BM868. Those documents dated back to 2014.

By Case Management Directions dated 27 January 2025, the Appellant was required to provide a copy of the decision they are seeking to challenge to the Tribunal; that direction was accompanied by a warning of potential strike out under Rule 8(3)(a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2010/43), as amended (Footnote: ²). No decision has been received. As I find that this Tribunal never had jurisdiction, transfer to an alternative court or tribunal is not appropriate.

Due to non-compliance with the direction, I strike out the appeal.

If the Appellant seeks to challenge this decision by application for permission to appeal, the Appellant must provide the document. It is, at present, totally unclear why the Appellant believes they have the ability to litigate this matter at this Tribunal and, if there is that ability, why an appeal should be accepted some 10 years late.