“…45 Ch D 139, 158, that “this section is not framed in the way in which sections are framed when it is intended that some preliminary steps should be taken before the actio…”
“…ite shortly. When the Claimants issued their claim the proceedings were not charity proceedings. That was common ground, and I agree. In Rendall v Blair (1890) 45 Ch D 139, a decision of this Court on the predecessor section to s. 115, namely s. 17 of the Charitable Trusts Amendment Act 1853, Bowen LJ said at 152:…”
“… for the nature of a claim to change from not being charity proceedings to being charity proceedings, referring to what Bowen LJ said in Rendall v Blair (1890) 45 Ch D 139 at 155:…”