Citizens Advice Bureau 75 year anniversary: Geese too loud? Lost false teeth? We can help! Celebrating seven decades of the CAB – The Independent

Posted September 8th, 2014 in budgets, charities, legal aid, legal services, local government, news by sally

‘In September 1939, the CAB was established with the creation of 200 emergency centres across the country. Today it deals with issues from the fallout of the bedroom tax, benefits cuts and fraud, but in wartime it helped to replace lost ration books and put wives and parents in touch with lost sons and husbands in prisoner-of-war camps.’

Full story

The Independent, 7th September 2014

Source: www.independent.co.uk

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Charity Commission for England and Wales v Framjee and another – WLR Daily

Posted August 22nd, 2014 in charities, Charity Commission, internet, law reports, trusts by tracey

Charity Commission for England and Wales v Framjee and another; [2014] EWHC 2507 (Ch); [2014] WLR (D) 340

‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

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£230m wasted on needlessly holding people on remand, says Howard League – The Guardian

Posted August 18th, 2014 in budgets, charities, news, prisons, remand, sentencing, statistics by tracey

‘Up to £230m has been spent “needlessly” holding people on remand in custody who eventually avoided jail, a penal reform charity has said. More than 35,000 people kept on remand in 2013 went on to be either acquitted or be given non-custodial sentences, according to new figures obtained by the Howard League for Penal Reform from the Ministry of Justice through a Freedom of Information request.’

Full story

The Guardian, 18th August 2014

Source: www.guardian.co.uk

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RSPCA prosecute family over cat’s long hair – Daily Telegraph

‘Richard and Samantha Byrnes express their relief after the Crown Prosecution Service steps in and orders the RSPCA to halt an animal cruelty case against them.’

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Daily Telegraph, 10th August 2014

Source: www.telegraph.co.uk

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Savile estate cash ‘to go to lawyers, not victims’ – BBC News

Posted July 31st, 2014 in charities, compensation, fees, legal profession, news, victims by michael

‘A charity set up by Jimmy Savile has warned a compensation scheme for the sex abuser’s victims could result in millions being paid in lawyers’ fees.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

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Charity Commission for England and Wales v Framjee and Another – WLR Daily

Posted July 31st, 2014 in charities, Charity Commission, law reports, trusts by michael

Charity Commission for England and Wales v Framjee and another [2014] EWHC 2507 (Ch);  [2014] WLR (D) 340

‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

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Help for Heroes conman who pocketed £300,000 in charity donations to face ‘lengthy’ jail sentence – The Independent

Posted July 29th, 2014 in bail, charities, fraud, news, sentencing by sally

‘A man who tricked the public into donating £300,000 of pounds to the armed forces charity Help for Heroes, only to pocket the money himself, has been told by a judge he faces a “lengthy” prison sentence.’

Full story

The Independent, 28th July 2014

Source: www.independent.co.uk

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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.’

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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.’

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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.’

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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.’

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Local Government Lawyer, 8th April 2014

Source: www.localgovernmentlawyer.co.uk

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