Charities: Can discrimination be justified?

Sarah Clune gives an update on Catholic Care’s appeal on same-sex adoption Where charities are pursuing what is regarded as a public activity (such as child adoption), they no longer necessarily have freedom of action. This is the price to be paid for living and working in a liberal-minded democracy. On 2 November, the Upper …
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Charities: Poor employees and poor relations

Paul Ridout examines the consequences of the Upper Tribunal’s determination on the Attorney General’s Reference on benevolent funds and certain other poverty charities The tribunal followed its decision in the Independent Schools Council case and confirmed that different charitable purposes have different tests of public benefit. One single evening lecture, which formed part of my …
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Charities: Power to the people

Jonathan Burchfield and Ann Phillips summarise Lord Hodgson’s recent review of the Charities Act On 16 July 2012, Lord Hodgson published his much-anticipated 160-page review of the Charities Act 2006, containing no fewer than 113 recommendations, which he submitted to Nick Hurd, the Minister for Civil Society. Lord Hodgson should be congratulated on having completed, …
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Charities: Helping hand

Sam Macdonald and Elizabeth Jones review the decision in the ISC’s judicial review of Charity Commission guidance on public benefit ‘The emphasis upon trustees’ discretion, rather than prescription by the Commission or any other authority, will, of course, have practical consequences.’ On 13 October 2011, the Upper Tribunal (Tax and Chancery Chamber) released its decision …
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Charities: Settling the tab

White v Williams shows the complications that can arise without specific charity law advice, as Paul Ridout relates ‘A charitable trust acts only through the person of its trustees, and when they borrow money the trustees are simply entering into a personal obligation to repay sums borrowed.’ March saw the publication of the latest chapter …
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Charities: Taking the power back

Zahra Kanani considers the results of a recent consultation over disposal of land by charity trustees ‘The general position, as set out in s36(1) of the Charities Act 1993 is that “no land held by or in trust for a charity shall be conveyed, transferred, leased or otherwise disposed of without an order of the …
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Charities: Taking the power back

Zahra Kanani considers the results of a recent consultation over disposal of land by charity trustees ‘The general position, as set out in s36(1) of the Charities Act 1993 is that “no land held by or in trust for a charity shall be conveyed, transferred, leased or otherwise disposed of without an order of the …
This post is only available to members.