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.

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

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

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

Faith and Good Works - the weakening of traditional links

Faith and Good Works - the weakening of traditional links

The link between faith and charity was once taken for granted, but the ground has shifted in recent years. Peter Stanford investigates, and interviews the former Archbishop of Canterbury, Rowan Williams

Legal update: Charity Commission consults on changes to annual return

Legal update: Charity Commission consults on changes to annual return

The government has also dropped proposals to change the definition of a charity for tax purposes, writes Adrian Pashley

Legal Update: The Charity Commission is getting tougher on misconduct

Legal Update: The Charity Commission is getting tougher on misconduct

The regulator is also improving its transparency, writes Adrian Pashley

Charities need a fair volunteering policy

Charities need a fair volunteering policy

After the National Trust was criticised for overstretching its voluntary staff, Jonathan Bruck and Chelsea Martin outline the legal considerations for charities

New law for cooperatives and community benefit societies

New law for cooperatives and community benefit societies

Some say the new legal structure will put industrial and provident societies on a par with companies; others are less positive. Sam Burne James reports

Interview: Kenneth Dibble

Interview: Kenneth Dibble

The Charity Commission's veteran head of legal services tells Sam Burne James that redefined charitable purposes have made his role an interesting one in recent years - and that he thinks the charity tribunal is a good thing

Points of law: Clarity on social investment

Points of law: Clarity on social investment

Legal experts, including Jonathan Brinsden of Bircham Dyson Bell, have generally welcomed the Law Commission's proposal for a new power to guide trustees on tax matters - but there are still questions to be answered, finds Sam Burne James

Board Talk: Making sure charities have the correct legal structure

Board Talk: Making sure charities have the correct legal structure

Tom Murdoch and Sandy Adirondack evaluate the ins and outs of incorporation

Total return investment for permanently endowed charities

Total return investment for permanently endowed charities

Robert Boddington explains the new rules on spending capital gains and outlines the main considerations for trustees deciding whether to adopt a total return approach

CIC or charity? Discuss

CIC or charity? Discuss

Keep an eye on the detail, say lawyers including Gerry Morrison of Rollits, if you want to be a community interest company

Rules on restricted funds

Rules on restricted funds

The Society Network Foundation's diversion of leftover money is under scrutiny. Laura Soley, pictured, says it is a frequent misconception that getting the donor's permission to make the change is all that is required

Kevin Curley: We must oppose legal reforms that aim to silence the voices of charities

Kevin Curley: We must oppose legal reforms that aim to silence the voices of charities

Proposed changes to judicial review could make it more difficult for charities to challenge the state on behalf of the weakest people in society, writes our columnist

Clerical errors could mean trouble for charities' legacy income

Clerical errors could mean trouble for charities' legacy income

A recent ruling means charities could see an increase in claims brought by aggrieved relatives - but so far the courts appear to be taking a common-sense approach

'Judgment would be better' in Brethren case

'Judgment would be better' in Brethren case

The out-of-court agreement was frustrating for some lawyers, reports Sam Burne James

Third-party right to appeal

Third-party right to appeal

Does the charity tribunal process benefit or suffer from such external interventions?

Sport and charitable status

Sport and charitable status

Guidance on how charity law applies to sports clubs is long overdue, lawyers argue

Rise of the internal review

Rise of the internal review

Jo Coleman, partner at IBB Solicitors, says many charities believe an internal review of a Charity Commission decision offers a quicker resolution than appealing to the charity tribunal

Peter Stanford: We need charity laws that look after large and small

Peter Stanford: We need charity laws that look after large and small

Lord Hodgson's Charities Act review went some way to addressing the challenge of legislating for different sized charities, says our columnist

The long wait for CIO status

The long wait for CIO status

CIO legislation is set to go before parliament in autumn - but will it meet expectations?

Analysis: Private benefit question lingers at Royal Albert Hall

Analysis: Private benefit question lingers at Royal Albert Hall

It's introducing new measures to benefit the public, but has not solved the question of members selling on tickets for profit. Tim Tonkin reports

Editorial: Lord Hodgson grasps the sector's nettles

Editorial: Lord Hodgson grasps the sector's nettles

He addresses many of the sector's burning issues in his review of the Charities Act 2006, but it remains to be seen if the government will act upon them, says Stephen Cook

Analysis: What are the prospects for Lord Hodgson's review of the Charities Act 2006?

Analysis: What are the prospects for Lord Hodgson's review of the Charities Act 2006?

His report contains 113 recommendations on the sector's difficulties and anomalies. Here and in linked articles, Third Sector reporters summarise his proposals and sector reaction to them - and gauge whether they are likely to be implemented

Charities Act review: Regulation

Charities Act review: Regulation

A summary of the main proposals, with sector reaction and an assessment of what's likely to happen

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