Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

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Gay bus advert ban probed by High Court – BBC News

Posted July 2nd, 2014 in advertising, appeals, charities, Christianity, homosexuality, lobbying, news by sally

‘A High Court judge is considering whether Boris Johnson acted improperly in banning a bus advert suggesting people could “get over” homosexuality.’

Full story

BBC News, 1st July 2014

Source: www.bbc.co.uk

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Domestic violence convictions at record high – The Guardian

‘The conviction rate for domestic violence cases has reached its highest ever level, with cases now making up 10.7% of the Crown Prosecution Service’s workload, the director of public prosecutions will announce on Wednesday.’

Full story

The Guardian, 2nd July 2014

Source: www.guardian.co.uk

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Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda – WLR Daily

Posted June 24th, 2014 in charities, EC law, hospitals, law reports, public procurement by sally

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda (Case C‑574/12); ECLI:EU:C:2014:2004; [2014] WLR (D) 272

‘Where a contractor under a public contract was a non-profit association which, at the time of the award of the contract, had as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for “similar control”, established by the case law of the Court of Justice of the European Union in order that the award of a public contract could be regarded as an in-house operation, was not met, so that Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts applied.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

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Plans to relax licensing laws lambasted by doctors and alcohol groups – The Guardian

Posted June 23rd, 2014 in alcohol abuse, alcoholism, bills, charities, doctors, licensing, local government, news by sally

‘Ministers are under fire because of plans to let the Women’s Institute, bed and breakfasts and charities start selling alcohol, which doctors and local councils warn could worsen Britain’s drink problem.’

Full story

The Guardian, 23rd June 2014

Source: www.guardian.co.uk

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Supreme Court reduces religious no-go area for courts – UK Human Rights Blog

Posted June 12th, 2014 in appeals, charities, jurisdiction, news, Supreme Court, trusts by sally

‘The Supreme Court has just reversed a decision of the Court of Appeal (see my previous post here) that a dispute about the trust deeds of two Sikh religious charities was non-justiciable and so could not and should not be decided by the Courts. By contrast, the SC said that two initial issues concerning the meaning of trust deeds were justiciable, and, because of this, further issues which did raise religious issues had to be determined by the courts.’

Full story

UK Human Rights Blog, 11th June 2014

Source: www.ukhumanrightsblog.com

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Legal challenge to controversial herring gull cull dismissed by judge – The Guardian

‘A controversial cull of thousands of gulls in the UK will go ahead after a legal challenge by conservationists failed.’

Full story

The Guardian, 21st May 2014

Source: www.guardian.co.uk

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Co-operative and Community Benefit Societies Act 2014

Posted May 15th, 2014 in banking, charities, legislation by tracey

Co-operative and Community Benefit Societies Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Council tax liability and void properties – Hardwicke Chambers

Posted May 13th, 2014 in charities, council tax, housing, local government, news, regulations, taxation by sally

‘Section 4 of the Local Government Finance Act 1992 (“LGF92”) provides that council tax is payable1 on any dwelling which is not an “exempt dwelling”. A dwelling is an “exempt dwelling” if it is “of a class prescribed by an order made by the Secretary of State”2 and thereby falls into one of 23 categories provided for by the Order.’

Full story

Hardwicke Chambers, 30th April 2014

Source: www.hardwicke.co.uk

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Clarifying the legal framework for social investment by charities – Law Commission

Posted April 28th, 2014 in charities, consultations, news by sally

‘Social investment provides financial returns while at the same time generating social benefits. It is an important and developing area for charities, enabling them to meet their charitable objectives by combining investment and spending. In a consultation opening today the Law Commission is seeking views on the law that governs how charities make social investments.’

Full story

Law Commission, 24th April 2014

Source: www.lawcommission.justice.gov.uk

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Social Investment by Charities – Law Commission

Posted April 24th, 2014 in charities, consultations, Law Commission by tracey

‘We are opening a consultation seeking views on changes to the law that governs how charities make social investments. The consultation paper analyses the legal framework, explains the ways in which the law already supports charity trustees and proposes changes that would clarify the way in which charities can use social investments to achieve their charitable aims.’

Full press release

Law Commission, 24th April 2014

Source: www.justice.gov.uk/lawcommission

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Richard Clayton: The Curious Case of Kennedy v Charity Commission – UK Constitutional Law Association

‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’

Full story

UK Constitutional Law Association, 18th April 2014

Source: www.ukconstitutionallaw.org

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Termination of licence to operate soup kitchen was unlawful: High Court – Local Government Lawyer

Posted April 8th, 2014 in charities, food, licensing, local government, news by sally

‘A High Court judge has ruled that a local authority’s decision to terminate a charity’s licence to operate a ‘soup kitchen’ at one of the council’s car parks was unlawful.’

Full story

Local Government Lawyer, 8th April 2014

Source: www.localgovernmentlawyer.co.uk

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Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) – WLR Daily

Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) [2014] UKSC 20; [2014] WLR (D) 143

‘The Freedom of Information Act 2000 did not provide an exhaustive scheme in respect of the disclosure of information held by the Charity Commission relating to inquiries which they conducted. Although an absolute exemption under section 32(2) of that 2000 Act from disclosure under that Act lasted beyond the completion of such an inquiry, the question whether disclosure of information relating to such an inquiry was available would be governed by the Charities Act 1993, as substituted by the Charities Act 2006, construed in the light of common law principles.’

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

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Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – UK Human Rights Blog

‘Kennedy v. Charity Commission et al, Supreme Court, 26 March 2014. In judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000 concerning three inquiries between 2003 and 2005 into the Mariam Appeal. This appeal was George Galloway’s response to the sanctions imposed on Iraq following the first Gulf War, and little Mariam was a leukaemia sufferer. Mr Kennedy’s suspicion, amongst others, was that charitable funds had been used by Galloway for political campaigning.’

Full story

UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

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The Savile Estate Saga – Sovereign Chambers

‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’

Full story

Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk

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Reshaping Justice – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Posted March 6th, 2014 in charities, civil justice, Crown Court, fraud, judges, rule of law, speeches by tracey

‘It is a pleasure and a privilege to have been asked to give this short address tonight. It is an important time for both Justice the organisation and for our justice system. With that in mind I want to focus on what I have described in the title as “Reshaping Justice”.’

Full speech

Judiciary of England & Wales, 4th March 2014

Source: www.judiciary.gov.uk

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Freemasons’ millions aren’t true charity, rules judge – Daily Telegraph

Posted February 26th, 2014 in charities, news, VAT by tracey

‘Freemasons will be denied a multi-million pound tax break after a judge ruled that their governing body was not sufficiently “philanthropic” to be exempt from VAT, despite being the second largest charitable donor in the country.’

Full story

Daily Telegraph, 25th February 2014

Source: www.telegraph.co.uk

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Couple get married in Britain’s first Scientology wedding – The Independent

Posted February 24th, 2014 in charities, equality, marriage, news, registrars, religious discrimination by sally

‘Scientologists Louisa Hodkin and Alessandro Calcioli won a landmark legal battle to have the Church of Scientology recognised as a “place of meeting for religious worship”.’

Full story

The Independent, 23rd February 2014

Source: www.independent.co.uk

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Another council faces judicial review over changes to library provision – Local Government Lawyer

‘Lincolnshire County Council has become the latest local authority to face judicial review proceedings over proposed cuts to its libraries.’

Full story

Local Government Lawyer, 12th February 2014

Source: www.localgovernmentlawyer.co.uk

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