Charities And The Law

News, analysis and comment on charity law and how the law in general, including employment law and tax law, applies to the voluntary sector.

The Charity Commission has backed down over its EU referendum guidance

The Charity Commission has backed down over its EU referendum guidance

The episode does little to enhance the commission's standing as an authoritative regulator, writes Stephen Cook

Not a bad week for the sector politically - but watch this space

Not a bad week for the sector politically - but watch this space

There was good news on business rates, sensible proposals from Lord Hodgson, and much to play for in the new charities act, writes Stephen Cook

Can charities really be run like businesses?

Can charities really be run like businesses?

Charities that live by the business ethic can expect to die the same way, says our online columnist

The government is wrong to propose fees for using the charity tribunal

The government is wrong to propose fees for using the charity tribunal

The move would be likely to damage access to justice and reduce the accountability of the Charity Commission, says Stephen Cook

Extra safeguards are needed in the charities bill

Extra safeguards are needed in the charities bill

The proposals before the Commons give too much discretion to the Charity Commission, says Stephen Cook

The Charity Commission, Cage, the High Court and the revealing emails

The Charity Commission, Cage, the High Court and the revealing emails

Internal Charity Commission emails were disclosed in a High Court judicial review brought by the advocacy body Cage. Stephen Cook looks through them

Eyewitness: A firm line from Lord Thomas

Eyewitness: A firm line from Lord Thomas

The country's most senior judge was eager to see the Charity Commission come to an agreement with its adversaries, reports Stephen Cook

Stephen Cook: Are we asking too much of trustees?

Stephen Cook: Are we asking too much of trustees?

The buck stops with them, but are they always in a a position to meet their demanding responsibilities?

Rob Posgate: Fundraising report has put trustees on the spot

Rob Posgate: Fundraising report has put trustees on the spot

Sir Stuart Etherington's review means trustees should consider reviewing their fundraising strategies straight away, our legal commentator concludes

Online analysis: Will more children start challenging their parents' charity legacies?

Online analysis: Will more children start challenging their parents' charity legacies?

After a disinherited daughter won her case in the Court of Appeal last week, trusts and estates lawyer Gaynor Jackson argues that the facts of the case were very unusual - but there are precautions charities can take

Legal Update: Charities bill reaches grand committee stage

Legal Update: Charities bill reaches grand committee stage

Plus: NI decision on housing society; and tribunal rules on timeframes

Analysis: Law review will not tackle the question of 'connected persons'

Analysis: Law review will not tackle the question of 'connected persons'

The waters on conflicts of interest and private benefit are muddied and are unlikely to be cleared by the Law Commission consultation on amendments to the law, writes Sam Burne James

Law Commission attempts to bring clarity to tribunal issues

Law Commission attempts to bring clarity to tribunal issues

The commission has published a 300-page consultation document. Sam Burne James reports

Legal Update: The government responds to the draft bill committee

Legal Update: The government responds to the draft bill committee

Plus: Law Commission consultation and the community amateur sports club scheme

Stephen Cook: Will the real Charity Commission please stand up?

Stephen Cook: Will the real Charity Commission please stand up?

Three documents send out mixed messages about the way the regulator handles its relationship with charities

Providing support and advice for in-house charity lawyers

Providing support and advice for in-house charity lawyers

Lawyers in Charities last year took on a new name, chair and management structure. Sam Burne James reports

Legal Update: Charity Commission refuses to register shooting club

Legal Update: Charity Commission refuses to register shooting club

Plus: Judicial review rejected, trustees warned about tax and a reminder that legal form matters over substance in VAT exemptions

Legal Update: Bill will close disqualification loophole

Legal Update: Bill will close disqualification loophole

Plus: the government publishes draft legislation for the Finance Bill 2015, and community amateur sports clubs get new rules, writes Adrian Pashley

Editorial: There are dangers in giving the Charity Commission extra powers on disqualified trustees

Editorial: There are dangers in giving the Charity Commission extra powers on disqualified trustees

The government now appears to be backing the commission's bid for a new measure to prevent disqualifed trustees from holding senior jobs in charities, says Stephen Cook

Tara McInnes: The ramifications of unregulated will-writing

Tara McInnes: The ramifications of unregulated will-writing

Charities can miss out on insurance money when legacies in wills that have been drafted with these firms fall through, so they should support the Lord Chancellor's call for regulation, writes the legal expert

Legal Update: Timeshare Association helpline registered as charity

Legal Update: Timeshare Association helpline registered as charity

Plus: Charity Commission upholds decision not to register Independent Press Regulation Trust, the trustee declaration form is compulsory and the draft Protection of Charities Bill has been published, writes Adrian Pashley

Editorial: A complex situation for Muslim charities

Editorial: A complex situation for Muslim charities

Action by the security services and the Charity Commission inevitably attracts more publicity than the positive contributions Muslim-led charities make, writes the editor of Third Sector

Legal Update: Law Commission's charity law reform project moves forward

Legal Update: Law Commission's charity law reform project moves forward

Plus: A tougher approach on conflicts of interest, new developments for charities in Northern Ireland and Scotland and the Charity Commission website has moved, writes Adrian Pashley

Analysis: Colleges come to terms with transparency on trustee pay

Analysis: Colleges come to terms with transparency on trustee pay

Oxford, Cambridge and Durham colleges may have to disclose the salaries of some senior staff under the charity Sorp, leaving them open to poaching from other institutions. Sam Burne James reports

Analysis: You can protect a name - but not the idea itself

Analysis: You can protect a name - but not the idea itself

Charities naturally want to keep their fundraising ideas to themselves, but when a slogan or a concept goes viral, enforcement can be hard. Annette Rawstrone reports

Legal Update: Upper Tribunal rules against Jewish charity

Legal Update: Upper Tribunal rules against Jewish charity

Adrian Pashley provides an overview of recent developments in voluntary sector law, on behalf of the Charity Law Association

Legal Update: New scheme for social investment tax relief

Legal Update: New scheme for social investment tax relief

Adrian Pashley provides an overview of recent developments in voluntary sector law, on behalf of the Charity Law Association

Safeguarding disclosures trump settlements with departing staff

Safeguarding disclosures trump settlements with departing staff

Employment solicitor Laurence O'Neill reviews a recent High Court case which has lessons for charities working with vulnerable groups

Check the Green Cross Code before considering a tribunal

Check the Green Cross Code before considering a tribunal

Lodging a tribunal appeal appears unjustifiably attractive to charity trustees, whose decision then comes back to bite them, writes Sam Burne James

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