Caveat pauses approval and opens path for Mistry to be heard
A caveat has been filed on behalf of Mistry, preventing the Charity Commissioner from immediately approving the Trust’s decision to remove him. The move forces the regulator to hear his objections before taking any final action.
What a caveat does
A caveat is a formal legal notice that asks a decision-maker to pause proceedings until the person who filed the caveat gets a chance to be heard. It doesn’t decide the outcome, but it creates a procedural safeguard by requiring the Charity Commissioner to consider Mistry’s submissions before signing off on the Trust’s decision.
Why this matters
- Delays approval: The Charity Commissioner cannot proceed straightaway, which buys time for Mistry to present his case.
- Ensures due process: The regulator must hear opposing views, reducing the risk of a rushed or one-sided decision.
- Potential to change the result: If the Commissioner finds merit in Mistry’s arguments, the ouster decision could be reversed, modified, or sent back for further review.
Possible next steps
- The Charity Commissioner may schedule a hearing to hear Mistry’s representatives and review evidence.
- The caveat could be dismissed if it is found to be without substance, allowing the Commissioner to proceed.
- Either side could seek a court review if they are unhappy with the Commissioner’s decision.
Business and governance implications
High-profile disputes over trust leadership can affect stakeholder confidence, donor relations and the trust’s operational focus. A delay in finalizing leadership can slow decision-making and reshape governance discussions, especially if the Commissioner mandates further inquiry or reforms.
What to watch
- Whether the Charity Commissioner accepts the caveat and schedules a hearing.
- The timeline for submissions and any interim orders that may protect assets or decision-making powers.
- Potential legal challenges if the outcome is contested by either party.
The caveat does not determine the final outcome, but it ensures Mistry has a formal opportunity to make his case before the Charity Commissioner signs off on the Trust’s decision.