Matthew Mills considers when members of charitable companies will be subject to fiduciary duties in light of the recent Supreme Court decision in Lehtimäki v Cooper Members of charitable companies may be concerned that Lehtimäki encourages the ‘losing side’ in a members’ vote to challenge the actions of the ‘winning side’. However, one recent authority …
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Wills & Trusts Law Reports | July/August 2014 #141This was an application by the claimant composer for permission to bring a claim against the defendant charity (NMC), alleging a breach of trust and breach of a duty of care and claiming damages of £2.4m, an order that NMC publish his works, and a public apology from NMC. These were ‘charity proceedings’ within the meaning of the Charities Act 2011, s155(8) in that they were under the court’s jurisdiction, with respect to charities or the court’s jurisdiction, with respect to trusts in relation to the administration of a trust for charitable purposes. Accordingly,...
