§ Lord Denningasked Her Majesty's Government:
Whether the Charity Commissioners are under a duty to be careful in giving information or advice under Section 1(3) or their opinion or advice under Section 24(1) of the Charities Act 1960; and whether, in the case of any breach of that duty, they are accountable to anyone, seeing that they are under no duty at common law to the potential objects of the charity (Mills v. Winchester Diocesan Board 1989, Ch 428) or for economic loss (Murphy v. Brentford 1990, 1 AC 398); or whether, if not accountable, they are to be regarded as infallible.
Viscount AstorIn discharging their functions to give charity trustees information or advice under Section 1(3) of the Charities Act 1960 and to give charity trustees their opinion or advice on any matter affecting their duties under Section 24 of the Act, the commissioners are required to treat their duties seriously and responsibly and to exercise all reasonable care.
The validity of any such advice given may be subject to review by the courts at the instance of the charity trustees or persons interested in a charity or certain other persons with the commissioners' consent under Section 28 of the 1960 Act, notwithstanding that it has been established that the commissioners are under no common law duty of care in respect of such advice to the potential objects of the charity. This was confirmed in the case of Mills and Others v. Winchester Diocesan Board of Finance and Others 1989, Ch 428.