Charities: When should the court intervene?

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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Charity: Where duty lies

Matthew Mills considers when members of charitable companies will be subject to fiduciary duties in light of the recent Supreme Court decision in Lehtimäki v Cooper Members of charitable companies may be concerned that Lehtimäki encourages the ‘losing side’ in a members’ vote to challenge the actions of the ‘winning side’. However, one recent authority …
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AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58

Wills & Trusts Law Reports | March 2015 #147

The appellant bank instructed the respondent solicitors to act in relation to a £3.3m re-mortgage on behalf of themselves and the borrowers. The borrowers’ property (the property) was already subject to a first charge in favour of Barclays. A part of the respondent’s instructions was to redeem the outstanding Barclays mortgage and to secure a first charge against the property in the appellant’s favour.

Due to an oversight, the respondents paid only £1,23m of the outstanding £1.5m Barclays loan and then transferred the balance to the borrowers. Having realised their error, the resp...

AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45

Wills & Trusts Law Reports | October 2013 #133

In 2006, Drs Ravindra and Salma Sondhi applied to the claimant (AIB) for a loan of £3.3m, to be secured against their private home, in order to provide finance for their business. The application stated that the Sondhis’ home was worth £4.5m but was subject to an existing mortgage in favour of Barclays Bank to secure an outstanding loan of £1.5m. AIB agreed to the loan but required security over the Sondhis’ home in the form of first legal charge. AIB instructed the defendant (MRC) to act for it in connection with the remortgage and provided MRC with a facility letter which s...

Client Care: Clients without capacity – managing their property and affairs

In her concluding article, Araba Taylor looks at issues that arise following personal injury ‘Managing the property and affairs of incapacitated clients is best considered as an inter-disciplinary matter, where the trusts and Court of Protection expertise of the private client team can offer real support and assistance to the PI team.’ Clients without capacity …
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