Latest legal publications

14 December 2015

Insight

The Consumer Rights Act 2015 – an overview for charities

The bulk of the Consumer Rights Act 2015 (the CRA) came into effect on 1 October 2015. To the extent they are not already doing so, charities which sell products or services directly to consumers need to ensure they comply. We highlight important points to note and key changes brought in by this overhaul of UK consumer rights law.

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1 min read

20 October 2015

Insight

Changes to company law and Charity Commission guidance: what does it mean for charities?

As a result of recent changes to company law, charitable companies and trading subsidiaries should be aware of new obligations and restrictions imposed on them.

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4 min read

18 August 2015

Insight

Acquisitions, disposals and mortgages of charity land

The Law Commission (LC) recently closed a consultation called Technical Issues in Charity Law . We take a brief look at some of the LC’s early recommendations regarding the rather complex and onerous restrictions on charity trustees disposing of, or granting mortgages over, charity land.

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4 min read

13 January 2015

Insight

NPPF and objectively assessed need (OAN)

The Court of Appeal (in Solihull MBC v Gallagher and Lioncourt, December 2014) has reinforced the 2 stage approach required to satisfy paragraph 47 of NPPF with the OAN being an essential first and separate step. Failure to proceed in that way amounts to an error of law.

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2 min read

5 July 2014

Insight

VAT: The distinction between grant funding and contracts for services

The recent case of Woking Museum and Arts and Crafts Centre v HM Revenue & Customs (2014) is a timely reminder of the need to consider the VAT implications when public sector bodies provide grants or outsource the provision of services to charities

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3 min read

5 July 2014

Insight

Freedom of Information – it’s not the only law

Whether you are making a freedom of information request or are subject to the Freedom of Information Act 2000 (FOIA), the Supreme Court’s judgment in Kennedy v Charity Commission (2014) reminds us that the Act is not the only means of accessing information

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4 min read

30 June 2014

Insight

The “blue box” tax avoidance scheme and gifts to charities

A tax scheme, designed to secure a tax advantage by exploiting the rules on gifts to charities, has failed in the First-tier Tax Tribunal.

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6 min read

30 June 2014

Insight

New laws on consumer contracts

The laws applying to contracts with “consumers” have recently changed. If your charity has an online shop or takes payments online, your terms and conditions and online payment processes may now need to be updated.

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2 min read

11 April 2014

Insight

Insolvency in the charities world – the pension scourge

Pensions can be a real headache for charities, and for some the burden of meeting the pensions deficit puts too much of a strain on already stretched resources. What should charities be mindful of?

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3 min read

12 March 2014

Insight

Unlawful: charity trading subsidiaries making payments in excess of distributable profits

Charities with trading subsidiaries should be aware before their trading subsidiaries make gift aid payments to the charity in light of a recent Counsel opinion which has shaken the Charity Commission and the HMRC.

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3 min read

25 February 2014

Insight

New procurement directives

With the European Parliament adopting three new directives covering public procurement on 15 January 2014, utilities procurement and the procurement of concessions contracts, we look at the potential implications for the third sector.

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2 min read

25 February 2014

Insight

Synergy created in charity mergers

With more charities being urged to merge to cope with reduced funding, we take a look at the potential advantages in merging and the legal points to consider before going ahead.

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3 min read

25 February 2014

Insight

Can the Data Protection Act be used to prevent public interest investigations?

For campaign groups carrying out public interest investigations, a recently issued claim in the High Court could have a chilling effect on the information a campaign group can collect and use.

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2 min read

18 December 2013

Insight

When the buck doesn’t move: non-delegable duties of care

Organisations taking responsibility for providing services such as education or care to children, patients, or vulnerable people may find that they are liable even when they have contracted out elements of those services to a third party and it is the third party that is negligent.

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3 min read

18 December 2013

Insight

Counting down to the new EU procurement directives

The European Parliament, European Commission and Cabinet Office have revealed the latest plans for EU adoption and UK implementation of the new EU Procurement Directives.

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2 min read

28 October 2013

Insight

A solicitor’s duty to make enquiries where the testator’s capacity is in doubt

A lack of testamentary capacity is arguably the most commonly pleaded claim by disgruntled family members that are not happy with the contents of a deceased’s will. Charities named as beneficiaries in a will are often on the receiving end of such claims, but can also find themselves as being the one to make the claim in certain circumstances. The recent case of Feltham v Bouskell [2013] concerning that specific topic therefore makes for an interesting read.

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3 min read

28 October 2013

Insight

The revised public benefit guidance

On 16 September 2013, the Charity Commission published its revised public benefit guidance for all charities. It is crucial that charities understand and have regard to the public benefit guidance throughout their existence; from formation to decision making to annual trustee accounting. The revised guidance aims to clarify the Charity Commission’s position on monitoring public benefit in charities and seeks to make public benefit requirements clearer.

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5 min read

4 October 2013

Insight

Charity insolvency

In November 2012, People Can, a charity employing around 300 people, went into administration after being overwhelmed by a pensions deficit of over £17 million. With charitable donations and public funding reducing, they will not be alone, as many charities face an uncertain future.

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2 min read

24 July 2013

Insight

What happens when there has been a breach of trust?

The Charity Commission’s new policy on the recovery of charitable funds confirms they will not hesitate to take action when charity property is lost as a result of Trustee wrongdoing.

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2 min read

24 July 2013

Insight

Winding up proceedings: the court takes matters into its own hands

A recent case involving the winding up of an Industrial and Provident Society demonstrates that a court may make a winding up order on its own motion, if it is considered to be in the public interest to do so.

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2 min read

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