Charities: Widening the legal framework

Mark Pawlowski asks whether political activities should be charitable ‘Should not the line be drawn between objects which are essentially political and objects which are of general social significance?’Charities are becoming more political in character and less concerned with symptomatic relief. The concept of charity today is one of public campaigning, lobbying and self-promotion. But …
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Charities: Breaking the mould

In part two of his article on Young v AG [2012], Charles King-Farlow considers the cases the judge relied upon to make the decision ‘There is no specific formula for the creation of a binding trust under English law. What is necessary is that a person holds property for the benefit of other persons or …
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Charities: Going to pot?

Charles King-Farlow considers the curious decision in Young v AG [2012], which had consequences for the Wedgwood Museum, in the first part of two articles ‘There was no trust or other rule of law enabling the court to intervene; but was this a matter of general trust law which would apply to all similar companies? …
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The Human Dignity Trust v The Charity Commission For England and Wales CA/2013/0013

Wills & Trusts Law Reports | June 2015 #150

The Human Dignity Trust (HDT) is a company limited by guarantee, incorporated on 16 December 2010. It was established to support people whose human rights were violated by the criminalisation of private, adult, consensual homosexual conduct, including by assisting them and their lawyers to bring litigation in domestic courts and tribunals, or against a state before international courts and tribunals. Its objects were to promote and protect human rights throughout the world, including the rights to human dignity and to be free from cruel, inhuman or degrading treatment or punishment, the ...

Young & anr v HM Attorney General & ors [2011] EWHC 3782 (Ch)

Wills & Trusts Law Reports | June 2012 #120

Wedgwood Museum Trust Ltd (the museum company) was insolvent. Directions were sought by the administrators of the museum company as to whether or not a unique museum collection of pottery and other artefacts built up over many years by Josiah Wedgwood and Sons Ltd (the trading company) was available to pay liabilities arising in the insolvency of the museum company.

The museum company was incorporated in 1962 and received the collection as a gift from the trading company in 1964. At the time of the gift, it was not contemplated that the museum company would acquire liabilities. Th...

The Independent Schools Council v The Charity Commission [2011] UKUT 421 (TCC)

Wills & Trusts Law Reports | January/February 2012 #116

The Independent Schools Council (ISC) brought an application for judicial review, seeking an order to quash certain parts of guidance issued by the Charity Commission (CC) comprising the ‘Charities and Public Benefit – the Charity Commission’s General Guidance on Public Benefit’ (issued January 2008) and ‘Public Benefit and Fee Charging’ and ‘The Advancement of Education for the Public Benefit’ (both issued in December 2008). ISC alleged that the guidance included errors of law in respect of the public benefit requirement as applied to ...