Charities: When should the court intervene?

Withers LLP | Trusts and Estates Law & Tax Journal | October 2021 #227
An internal dispute at a religious charity led to High Court clarification on the extent to which members of a charity are fiduciaries. Philip Reed explores the implications Jaffer represents a step towards greater certainty in respect of members’ duties outside charities established as Companies Act companies. Readers will doubtless be familiar with the Supreme …

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Charities: Tainted gifts

Radcliffe Chambers | Trusts and Estates Law & Tax Journal | September 2019 #209
What should charity trustees do when they cannot even give money away? Josh Lewison discusses ‘If the point of the charity is to improve the public standing of the Lecter family, and it can no longer achieve that goal, then there may be nothing to be gained by continuing.’ A number of recent news items …

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Charities: The limits of discretion

Radcliffe Chambers | Trusts and Estates Law & Tax Journal | October 2018 #200
The Court of Appeal has indicated the extent to which it will control the exercise of discretion by fiduciaries. Robert Pearce QC discusses ‘The Chancellor’s decisions that the grant was in the best interests of the charity and his direction to L to vote in favour of it were given simultaneously, giving L no opportunity …

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