"In my judgment the lack of capacity is a fundamental problem of substance, rather one of form, which cannot be cured by putting up individuals who do not wish to sue on their own account, as was at one stage contemplated, but to do so in a representative capacity. Who or what is it that they wish to represent?"
"11.1 That a charitable trust is an entity possessing sufficient of the attributes of legal personality to have an existence in law and a reputation of its own, separate and distinct from its trustees, capable of being the subject of a defamation claim. This is sometimes referred to as ‘quasi corporate’ status. 11.2 By analogy with any of: a corporate charity, an unincorporated commercial entity, a trade union or other quasi corporate entity, the distinct character of goodwill of a charitable trust can be injured and its operations impaired, to its financial detriment, by the publication of defamatory matter. 11.3 It follows that, in the absence of any express statutory prohibition, there is no reason in law for a charitable trust to be refused access to the Court in a claim for libel upon itself. 11.4 In the absence of any procedural rule providing for it to sue or be sued in its registered name, the charity's libel claim is properly brought in the name of its trustees."
"A claimant in a passing off action could be a charitable organisation or a professional institution which did not carry on commercial activity in the ordinary sense of the word, but which nonetheless had a valuable property in the sense of its goodwill. If the elements of passing off were made out, the claimant was entitled to protect that goodwill."