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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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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The Common Law and the Spirit of Kennedy – Panopticon

‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’

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Panopticon, 20th May 2014

Source: www.panopticonblog.com

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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.’

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UK Constitutional Law Association, 18th April 2014

Source: www.ukconstitutionallaw.org

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Kennedy (Appellant) v The Charity Commission (Respondent) – Supreme Court

Kennedy (Appellant) v The Charity Commission (Respondent) [2014] UKSC 20 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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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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FOIA’s not all that: Kennedy v The Charity Commission [2014] UKSC 20 – Panopticon

‘The Supreme Court’s much anticipated judgments in Kennedy v The Charity Commission make for a long read. But they are very important. All the parties in Kennedy were represented by Counsel from 11KBW: Andrew Sharland for Mr Kennedy; Karen Steyn and Rachel Kamm for the Charity Commission and the Secretary of State; Ben Hooper for the ICO; and Christopher Knight for the Media Legal Defence Initiative and Campaign for Freedom of Information.’

Full story

Panopticon, 28th March 2014

Source: www.panopticonblog.com

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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.’

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UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

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Charity Commission not fit for purpose, warn MPs – BBC News

Posted February 5th, 2014 in Charity Commission, enforcement, news by sally

‘The Charity Commission is not “fit for purpose” and has persistently failed to tackle abuses of charitable status properly, MPs have said.’

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BBC News, 5th February 2014

Source: www.bbc.co.uk

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‘Risk averse’ culture at Charity Commission – BBC News

Posted July 10th, 2013 in Charity Commission, news, tax avoidance, whistleblowers by sally

“The head of the Charity Commission has admitted it cannot fully police all 160,000 organisations on its register.”

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BBC News, 9th July 2013

Source: www.bbc.co.uk

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Tax scandal threatens charity donations – The Independent

Posted May 9th, 2013 in charities, Charity Commission, news, taxation by tracey

“The Charity Commission’s handling of a high-profile tax-avoidance scandal that saw shockingly little donated money reach good causes has put charities at risk of losing the public’s confidence – and consequently their money, one of the leading figures in the sector has warned.”

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The Independent, 8th May 2013

Source: www.independent.co.uk

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RSPCA told in letter to review its prosecution policies by Charity Commission – Daily Telegraph

Posted January 29th, 2013 in animal cruelty, Charity Commission, news, prosecutions by sally

“The RSPCA, Britain’s biggest animal welfare charity, has been officially asked to review its prosecution policies by the charities regulator after it spent hundreds of thousands of pounds bringing a prosecution against David Cameron’s local hunt.”

Full story

Daily Telegraph, 28th January 2013

Source: www.telegraph.co.uk

RSPCA warned on hunt prosecutions by charities watchdog – Daily Telegraph

Posted January 18th, 2013 in charities, Charity Commission, costs, hunting, news, prosecutions by tracey

“The RSPCA has been told by the charity watchdog that any decision to prosecute
hunts must be a ‘reasonable and effective use of the charity’s resources’.”

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Daily Telegraph, 17th January 2013

Source: www.telegraph.co.uk

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Kennedy v Charity Commission (Information Commissioner and another intervening) – WLR Daily

Kennedy v Charity Commission (Information Commissioner and another intervening) [2012] EWCA Civ 317; [2012] WLR (D) 91

“The right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged in a case in which the Charity Commission had refused to comply with a journalist’s request that he be supplied with certain information, by applying an absolute exemption which was said to derive from section 32(2) of the Freedom of Information Act 2000.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

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Independent schools can decide charitable status, says Tribunal – UK Human Rights Blog

Posted October 18th, 2011 in charities, Charity Commission, education, judgments, news by sally

” It is not for the Charity Commission or the courts to impose on trustees of a school their own idea of what is for the ‘public benefit’ so as to qualify for charitable status, the Upper Tribunal has ruled. In a detailed assessment of the law on charitable status both before and after the Charities Act, the Tribunal has indicated that the Act has not introduced any legal requirement to act in a way prescribed by the Charity Commission or anyone else. Provided they run their charity to ensure that the poor are able to benefit in a way that is more than minimal or tokenistic, they should be free to make their own considered assessment of what is for the ‘public benefit’ in the circumstances pertaining to their own institution.”

Full story

UK Human Rights Blog, 18th October 2011

Source: www.ukhumanrightsblog.com

Independent schools win Charity Commission fight – BBC News

Posted October 14th, 2011 in charities, Charity Commission, education, news by tracey

“Independent schools have won a long-running legal battle with the Charity Commission on what schools must do to justify their charitable status.”

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BBC News, 14th October 2011

Source: www.bbc.co.uk

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