Denys Namystiuk v NRC (UK Representation Office)
[2024] EWHC 1040 (KB)
Kenny Johnston v Giving.Com Limited
22 March 2024
[2024] EWHC 944 (KB)
High Court
A charity boss sued a fundraising platform claiming discrimination and negligence. The judge found the platform's services were for the charity, not the boss personally. The appeal failed because there wasn't enough evidence to prove the judge was wrong about the facts or the law.
Key Facts
- •Kenneth Johnston (Claimant) sued Giving.com Limited (Defendant) for discrimination under the Equality Act 2010 and negligence.
- •Johnston's charity, CLASP, was a customer of Giving.com.
- •Preliminary issues were tried: whether the County Court had jurisdiction (Equality Act 2010, Part 3) and whether Giving.com owed Johnston a duty of care.
- •The judge dismissed both claims, finding the services were provided to CLASP, not Johnston personally.
- •Johnston appealed, arguing the judge misconstrued evidence and misinterpreted the Equality Act 2010.
Legal Principles
Jurisdiction of County Court in discrimination claims under the Equality Act 2010, Part 3.
Equality Act 2010, Section 114; Section 29(1); Section 31(5)
Duty of care in negligence.
Caparo Industries PLC v Dickman [1990] ALL ER 568; Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4
Interpretation of 'service to the public or a section of the public' under the Equality Act 2010.
Equality Act 2010, Section 29(1)
Outcomes
Appeal dismissed.
The judge's findings of fact were supported by the evidence, particularly Johnston's concession that Giving.com's services were provided to CLASP, not him personally. The judge correctly applied the law regarding jurisdiction under the Equality Act 2010 and the existence of a duty of care.