Category: charities

Regina (Camelot UK Lotteries Ltd) v Gambling Commission (People’s Health Trust intervening) – WLR Daily

Posted August 28th, 2012 in charities, gambling, health, law reports, licensing by tracey

Regina (Camelot UK Lotteries Ltd) v Gambling Commission (People’s Health Trust intervening): [2012] EWHC 2391 (Admin);   [2012] WLR (D)  253

“Societies were not precluded from being ‘non-commercial’ and eligible for the grant of lottery operating licences under section 98 of the Gambling Act 2005, as being established or conducted for the purpose of ‘private gain’ within the meaning of section 19 of the 2005 Act, on account of the lottery scheme having been proposed by the company appointed to act as their external lottery manager with a view in part to its making a profit from so doing. Their having the same directors and employing the same external lottery manager did not require aggregation of the proceeds of the lotteries for the purposes of section 99 of the 2005 Act.”

WLR Daily, 22nd August 2012

Source: www.iclr.co.uk

Charity fundraisers facing new rules – BBC News

Posted August 20th, 2012 in budgets, charities, fines, news by sally

“Charities now face fines of at least £1,000 if their street fundraisers breach rules designed to protect members of the public.”

Full story

BBC News, 20th August 2012

Source: www.bbc.co.uk

Directors cannot form part of an “organised grouping of employees” for the purposes TUPE, tribunal holds – OUT-LAW.com

Posted August 14th, 2012 in appeals, charities, employment, employment tribunals, news, transfer of undertakings by sally

“Directors of a charity cannot form part of an ‘organised grouping of employees’ and so cannot take advantage of certain legal protections when the service they provide is taken in-house, the Employment Appeal Tribunal (EAT) has found.”

Full story

OUT-LAW.com, 14th August 2012

Source: www.out-law.com

Helena Partnerships Ltd v Revenue and Customs Commissioners (Attorney General intervening) – WLR Daily

Posted May 11th, 2012 in appeals, charities, corporation tax, housing, law reports by tracey

Helena Partnerships Ltd v Revenue and Customs Commissioners (Attorney General intervening): [2012] EWCA Civ 569;  [2012] WLR (D)  142

“The provision of housing accommodation was, and could only be, a charitable purpose if it was justified as charitable in respect of the direct benefit provided. It could only be so justified if it was provided to meet a relevant need of the class eligible to occupy it so as to fall within the spirit and intendment of the preamble to the Statute of Charitable Uses 1601 (‘the Statute of Elizabeth’) either directly or by analogy.”

WLR Daily, 9th May 2012

Source: www.iclr.co.uk

Philippe and others v Cameron and others – WLR Daily

Posted May 3rd, 2012 in charities, law reports, trusts by sally

Philippe and others v Cameron and others [2012] EWHC 1040 (Ch); [2012] WLR (D) 130

“The purpose of section 2(2) of the Charitable Trusts (Validation) Act 1954 was to prevent the Act being applied where an imperfect trust provision had already been recognised to be invalid and the invalidity acted upon.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

Charity calls for reform of the law on child neglect – BBC News

Posted April 23rd, 2012 in charities, child neglect, crime prevention, news, parental responsibility, prosecutions by sally

“A children’s charity has called for the law on child neglect to be overhauled.”

Full story

BBC News, 23rd April 2012

Source: www.bbc.co.uk

College of Law sale prompts call for private equity veto – The Guardian

Posted April 17th, 2012 in charities, legal education, news, private equity, universities by sally

“The government is being urged to prevent universities being bought by private equity firms after the College of Law, a charity that provides teaches law courses in London and six other cities across England, was sold to a private equity firm for £200m.”

Full story

The Guardian, 17th April 2012

Source: www.guardian.co.uk

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

Posted March 22nd, 2012 in appeals, charities, Charity Commission, disclosure, freedom of information, law reports, news by sally

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

No referral exemption for charities, Lords rule – Law Society’s Gazette

Posted March 22nd, 2012 in bills, charities, fees, news, trade unions by sally

“The House of Lords has blocked attempts to exempt charities and trade unions from the referral fee ban. The house was debating proposed amendments to the Legal Aid, Sentencing and Punishment of Offenders bill.”

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Law Society’s Gazette, 21st March 2012

Source: www.lawgazette.co.uk

Phillips v Royal Society for the Protection of Birds and others – WLR Daily

Posted March 21st, 2012 in charities, gifts, law reports, wills by sally

Phillips v Royal Society for the Protection of Birds and others [2012] EWHC 618 (Ch); [2012] WLR (D) 88

“Where a corporation had been removed from the register of charities but had not been struck off and dissolved until after the death of the testatrix, a gift made in her will took effect notwithstanding that the corporation had ceased to exist.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

Charities warn reforms will affect legal recourse over human rights abuses – The Guardian

Posted January 30th, 2012 in charities, fees, legal aid, news by sally

“Victims of oil spills, pollution or land grabs in developing countries will no longer be able to pursue claims in British courts against multinational corporations under legal reforms being pushed through by the government, aid charities have warned.”

Full story

The Guardian, 30th January 2012

Source: www.guardian.co.uk

Charities and universities to benefit from VAT exemption for shared services – OUT-LAW.com

Posted December 7th, 2011 in bills, charities, EC law, news, universities, VAT by sally

“The Government will implement EU proposals that will allow charities and universities to share services without charging each other VAT, according to proposals published in today’s Finance Bill 2012.”

Full story

OUT-LAW.com, 6th December 2011

Source: www.out-law.com

Private school charity rules scrapped after legal challenge – Daily Telegraph

Posted December 5th, 2011 in charities, education, news by sally

“Controversial guidance requiring private schools to provide free places for poor pupils is to be scrapped after a landmark court ruling.”

Full story

Daily Telegraph, 5th December 2011

Source: www.telegraph.co.uk

Ofcom investigates radio station over charity money – The Guardian

Posted November 4th, 2011 in charities, media, news by tracey

“The broadcasting watchdog Ofcom has launched an investigation into an Asian radio station after it withheld tens of thousands of pounds in listener donations from those in need.”

Full story

The Guardian, 4th November 2011

Source: www.guardian.co.uk

Regina (Independent Schools Council) v Charity Commission for England and Wales (National Council for Voluntary Organisations and another intervening); Attorney General v Charity Commission for England and Wales and another – WLR Daily

Posted October 25th, 2011 in charities, education, law reports, tribunals by sally

Regina (Independent Schools Council) v Charity Commission for England and Wales (National Council for Voluntary Organisations and another intervening); Attorney General v Charity Commission for England and Wales and another [2011] UKUT 421 (TCC); [2011] WLR (D) 301

“Guidance issued by the Charity Commission for England and Wales included errors of law in respect of the public benefit requirement contained in the Charities Act 2006 on independent schools which charged fees. Whether the public benefit requirement was satisfied depended on the facts of each case. The correct approach was to look at what a trustee, acting in the interests of the community as a whole, would do in all the circumstances of the particular school under consideration and to ask what provision ought to be made once the threshold of benefit going beyond the de minimis or token level had been met. There was no reason why the provision of scholarships or bursaries to students who could pay some, but not all, of the fees should not be seen as for the public benefit. Provided that the operation of the school was seen as being for the public benefit, with an appropriate level of benefit for the poor, a subsidy to the not so well off was to be taken account of in the public benefit.”

WLR Daily, 13th October 2011

Source: www.iclr.co.uk

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.”

Full story

BBC News, 14th October 2011

Source: www.bbc.co.uk

Charity in legal aid challenge on clinical negligence – Law Society’s Gazette

Posted September 23rd, 2011 in charities, judicial review, legal aid, medical treatment, negligence, news by sally

“Action Against Medical Accidents has launched a legal challenge against the government’s controversial plans to scrap legal aid for clinical negligence cases.”

Full story

Law Society’s Gazette, 22nd September 2011

Source: www.lawgazette.co.uk

Dame Fiona Reynolds: now that the debate can begin, let’s have a framework that works for all – Daily Telegraph

Posted September 22nd, 2011 in charities, news, planning by tracey

“Director-general of National Trust Dame Fiona Reynolds on the Coalition’s controversial planning reforms.”

Full story

Daily Telegraph, 21st September 2011

Source: www.telegraph.co.uk

 

 

Ken Clarke criticised over restricting ‘no win, no fee’ agreements – The Guardian

Posted September 12th, 2011 in charities, fees, legal aid, news by tracey

“A coalition of high-profile, international charities has condemned the government’s legal reforms for denying overseas victims of UK multinationals any chance of justice. In a letter to the Guardian, Amnesty International, Friends of the Earth, Oxfam and others warn that if the justice secretary, Ken Clarke, succeeds in restricting ‘no win, no fee’ agreements then Trafigura-style cases could never be brought again.”

Full story

The Guardian, 11th September 2011

Source: www.guardian.co.uk