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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Charity: Where duty lies

Radcliffe Chambers | Trusts and Estates Law & Tax Journal | December 2020 #219
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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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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