Charities and the Credit Crunch
(posted October 08)
A special update for Charities

Full Article 


First Among Equals: New Equality Legislation
(posted October 08)
Jane Klauber writes for Charity Finance October 2008 edition on the equality bill.

Full Article 


Corporate Documentation: A Time for Review
(posted October 08)
What changes can charitable companies expect from the Companies Act 2006? James Sinclair-Taylor examines the implications.

Full Article 

Members of your charity - Why have them?
(posted July 08)
Charities vary in many ways and one of the most striking is the vastly different role that the members play within organisations in the sector. James Sinclair Taylor takes a look. This article was pubished in the July 2008 Issue of Governance Magazine (Issue 19).

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Trustee Liabilities - Over exposed?
(posted July 08)
Changes introduced under the new Charities Act have highlighted the personal risks trustees face in undertaking their duties. James Sinclair Taylor takes a look.

Full Article 

Casual Status - Article from Charity Finance Magazine.
(posted June 08)
Jane Klauber looks at casual status. One of the hallmarks of employment status is mutuality of obligation, ie. whether there is some obligation on an individual to perform work offered and some obligation on the employer to pay for it. Employees are true casuals only if the irreducible minimum of mutuality of obligation is absent.

Full Article 

Legal Matters - Members of your charity - Why have them?
(posted May 08)
Charities vary in many ways and one of the most striking is the vastly different role that the members play within organisations in the sector.

Full Article 

IMPLICATIONS FOR CHARITABLE COMPANIES OF THE COMPANIES ACT 2006
(posted December 07)
The Act seeks to simplify company law. Unfortunately it has created a situation which will require most charities to review their memorandum and articles and supporting governance policies to:
> Take account of new rules on conflicts
> Reflect provisions that overrule your memorandum and articles
> Take advantage of new deregulations
> Clarify directors’ duties

This article is published in 'Caritas - January 2008'.

Full Article 

Possession Claims and Disability – What does the Future Hold?
(posted October 07)
In recent years, the Courts have increasingly had to consider the impact of the Disability Discrimination Act 1995 (‘the 1995 Act’) on landlord and tenant law. That consideration has led to a number of interesting decisions, in particular involving residential possession proceedings.

Full Article 

go to the Contentious Property Team pages

Companies Act 2006 - General Meetings And Resolutions
The next set of changes to company law under the Companies Act 2006 will be coming into force on 1 October 2007 and will affect all charitable companies. This article explains the key changes.

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Companies Act 2006 - Directors' Duties
From 1 October 2007 the first raft of statutory duties for company directors will become law under the Companies Act 2006. Read full article for more.

Full Article 


The Role of the Company Secretary
Many membership organisations will be reviewing the role of the company secretary in the light of the Companies Act 2006. From April 2008, private companies will not be obliged to appoint a company secretary. Read full article for more.

Full Article 


Charity Names
The coming year will see changes in the law affecting the three main bodies involved in protecting charity names.
On 1 October, the UK Intellectual Property Office will change the way it examines trademark applications.

Full Article (pdf version) 


Trade marks
If a charity has a significant public profile, it is prudent for it to register its name as a trade mark.

Full Article (pdf version) 


Judicial reviews
There have recently been a number of high-profile instances of charities using judicial reviews to challenge decisions made by public bodies. A key issue when considering such action is the risk of having to meet the other side's legal costs.

Full Article (pdf version)  


Negotiating leases
Most charities will at some point need to occupy offices or other premises owned by another party..

Full Article (pdf version) 


Supporting communities abroad
Faith groups and other charities serving particular communities sometimes wish to support a community or region in another country with which the charity's congregation or members have close links. This can take the form of grants to individuals or the purchase of equipment and can be a powerful force for good. Francois Bourguignon, chief economist at the World Bank, once said: "Migrants' productivity and earnings are a powerful force for poverty reduction. Remittances are an important way out of extreme poverty."

Full Article (pdf version) 



Section 36 of the Charities Act 1993 - an outline for surveyors
Valuers advising charity clients should be aware of the specific rules on dispositions contained in section 36 of the Charities Act 1993. We have prepared a flow chart to assist valuers and charities in ensuring that the correct procedure is followed.

Flow Chart 


Taking the Flexible Approach
April 2007 saw the extension of the right to flexible working, alongside important changes to maternity and adoption leave legislation. In an article for Arts Professional, the changes are highlighted, and some possible implications are considered.

Full Article 


Collaborating in Harmony
Partnerships between arts organisations can entail legal risks. The article explains how to avoid the pothole

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Charities as Tenants
James McCallum provides notes from the recent 'Charities as Tenants' seminar. The seminar discussed issues such as matters to be considered before entering into a lease; negotiating the lease terms; understanding the lease document and getting out of the lease when necessary.

Full Notes 


Courting Trouble
Paul Greatholder outlines how charities can protect themselves from lawsuites in an increasingly litigious environment for the Oct-Nov 06 issue of Charity Times.

Full Article 


Age Discrimination
Jane Klauber look at the Employment Equality (Age) Regulations 2006 came into force on 1st October 2006.

Full Article 


Faith Groups
The Charity Commission inquiry into the alleged abuse by terrorists of funds held by Crescent Relief highlights the level of scrutiny to which charities serving faith organisations and BME communities are currently exposed - Part 1.
The way in which faith groups operate can often differ quite substantially from other registered charities - Part 2.

Part 1 - October Edition 
Part 2 - November Edition 


A New Common Purpose
An alternative approach to the management of intellectual property.

Full article 


Charity Mergers
Legal issues surrounding charity mergers.

Full article 


Transfer Requests
Jane Klauber reviews the new TUPE 2006 regulations for Charity Finance magazine.

Full article 


Payments to trustees; what you can or cannot do
Problems arising from trustee benefits are perhaps the most common, the most serious and the most embarrassing cause of difficulty that it is likely to befall most trustees.

This is the first in a series of two articles on trustee payments and benefits that James Sinclair Taylor has written for Governance Magazine. The second will be published in September 2006.

Full article 



Reaching for a Compromise
Jane Klauber reviews recent developments in Compromise agreements.

Full article 


Managing the Employment Law Implications of Organisational Change
James Sinclair Taylor looks at the implications of organisational change, be it expansion or contraction and particularly looks at redundancies, mergers, the creation of a group structure and TUPE.

Full article 


Governance and Faith Organisations?
Issues for the NACVS circulation are examined.

Full article 


Duties of Charity Trustees
James Sinclair Taylor looks at the issues.

Full article 


Reaching for a Compromise
Jane Klauber reviews recent developments in Compromise Agreements for the February 2006 edition of Charity Finance.

Full article 


What are Community Interest Companies good for?
James Sinclair Taylor looks at the issues.

Full article 


Choosing a Legal Structure
David Mears looks at the most appropriate legal structures for charities and organisations.

This article was first published in 'NACVS Circulation October/November 2005'.

Full article 


The Right Side of the Law
David Mears looks at some of the common legal pitfalls faced by charities.

This article was first published in 'Charity Finance May 2004'.

Full article 


Taking on TUPE
'Legal changes affect pensions rights in cases where the Transfer of Undertakings (Protection of Employment) Regulations or "TUPE" apply' David Mears looks at the consequences for charities.

This article was first published in 'The Charity Times April 2005'.

Full article 


Freedom of Information Act 2000
David Mears introduces the Act.

This article was first published in 'NACVS Circulation February/March 2005'.

Full article 


Information Gathering
Charities should start considering new consultation regulations, warns Jane Klauber.

This article was first published in 'Charity Finance October 2004'.

Full article 


A Hardy Constitution
Compliance with the Governing Document is a key area for charities, writes David Mears.

This article was first published in 'Charity Finance February 2005'.

Full article 


'Click with Charities'
An article reviewing a selection of useful sites for charity lawyers.

Full guide 


Common Legal Pitfalls for Charities
Charities increasingly need to show how they are assessing and responding to risk. Rather than having to react to scrutiny and possible criticism, charities should address legal and other issues by internal review or with the help of outside advisers.

David Mears looks at some of the basic points which charities need to keep on top of.

Full article  


Taking on the Enemy Within
Fraud in voluntary organisations: how to prevent it, spot and stop it, and how to get your money back, by Charles Robinson.

Full article