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Russell Cooke Solicitors - Charity Legal Update

October 2013

 
 

The topics covered in this update are:

THE CONSEQUENCES OF GETTING DATA PROTECTION WRONG FOR ONE OF YOUR STAFF

TAKING IT PERSONALLY: POTENTIAL CRIMINAL LIABILITY OF CHARITY TRUSTEES

SHARE AND SHARE ALIKE?  LEGAL DIFFICULTIES IN SHARING PROPERTY

CHANGES TO JUDICIAL REVIEW

HODGSON’S CHOICE? POSSIBLE CHANGES TO THE LAW ON CHARITY DISPOSALS OF PROPERTY

CHILDREN’S HOMES - WHEN IS A HOME NOT A HOME? PLANNING TANGLES

 This material is available on our website www.russell-cooke.co.uk together with an archive of past updates.

 

THE CONSEQUENCES OF GETTING DATA PROTECTION WRONG FOR ONE OF YOUR STAFF

If an employer has breached the Data Protection Act in respect of an employee, the employee is entitled to damages for “distress”.  A recent case sheds light on how the courts will approach claims of this sort.

Please click here to view the full article.

For further information, please contact:

JANE KLAUBER on 020 8394 6483, Jane.Klauber@russell-cooke.co.uk
JAMES SINCLAIR TAYLOR on 020 8394 6480, James.Taylor@russell-cooke.co.uk

 

TAKING IT PERSONALLY: POTENTIAL CRIMINAL LIABILITY OF CHARITY TRUSTEES

We saw in our July legal update how charity trustees can potentially incur personal liability (so that their personal assets may be at risk) if they do not take care in their contractual dealings with other parties.  In other scenarios there are instances where charity trustees could actually incur criminal liability while voluntarily carrying out activities for their charities.  It would hopefully be a rare occurrence, and would be very harsh for volunteer charity trustees, but it is a risk that is there, and a risk that should be managed.

Please click here to view the full article.

For further information, please contact:

JAE CARWARDINE   on 020 8394 6325, Jae.Carwardine@russell-cooke.co.uk
NICOLA O’CONNOR on 020 8394 6371, Nicola.OConnor@russell-cooke.co.uk

 

SHARE AND SHARE ALIKE? LEGAL DIFFICULTIES IN SHARING PROPERTY

A recent case involving HMRC might at first sight appear to be a welcome judgment for charities.  It was decided that if charities acquire property jointly with non-charities, they will still receive tax relief on the interest of the property that they themselves have purchased.  However, charities do not in fact commonly purchase property jointly even with other charities. 

Where charities have a common desire to share resources and pursue common objectives there are limited ways in which the mechanisms in English Law recognise this sort of joint ownership. 

Please click here to view the full article.

This topic (along with others) will be more fully explored in our seminar on Relocation, which is being held on 9 October 2013.  Please see our “Events” section below for details.

For further information, please contact:

JAMES McCALLUM on 020 8394 6481, James.McCallum@russell-cooke.co.uk
MARY CHEVES on 020 8394 6465, Mary.Cheves@russell-cooke.co.uk

 

CHANGES TO JUDICIAL REVIEW

The ability of charities and not-for-profit organisations to challenge the decisions of public bodies may be curtailed further by proposed reforms to judicial review. The proposals follow changes implemented in July 2013, shortening time limits in some cases and restricting the right to an oral hearing.

The latest proposals include:

  • Making it easier for the Court to dismiss cases based on a procedural flaw;
  • Broadening the rights of public bodies to recover their costs against claimants and intervening parties, and reducing other costs protection available to claimants;
  • Limiting the availability of judicial review to parties with a “direct and tangible” interest.

Please click here to view the full article.

For further information, please contact:

TOM BRADFORD on 020 8394 6471, Tom.Bradford@russell-cooke.co.uk
MICHAEL STACEY on 020 8394 6448, Michael.Stacey@russell-cooke.co.uk

 

HODGSON’S CHOICE? POSSIBLE CHANGES TO THE LAW ON CHARITY DISPOSALS OF PROPERTY

Currently charities that are regulated by the Charity Commission (all registered charities and the relatively few remaining excepted charities) are subject to statutory controls when they dispose of their property (which includes, amongst other things, letting property as well as selling it).  It appears that this statutory regime may be substantially altered in the future but the legal principles of charity trustee good faith and care that it is intended to support will remain.

Please click here to view the full article.

This topic (along with others) will be more fully explored in our seminar on Relocation, which is being held on 9 October 2013.  Please see our “Events” section below for details.

For further information, please contact:

JAMES McCALLUM on 020 8394 6481, James.McCallum@russell-cooke.co.uk
KATE SLATTERY on 020 8394 6458, Kate.Slattery@russell-cooke.co.uk

 

CHILDREN’S HOMES - WHEN IS A HOME NOT A HOME? PLANNING TANGLES

The question of whether a children’s home will fall within planning use class C3(b) (Dwellinghouses) or use class C2 (Residential Institutions) of the Town and Country (Use Classes) Order 1987 is a vexed one. Different planning authorities seem to be taking a more ambiguous line in recent years. Why is this?

Please click here to view the full article.

For further information, please contact:

SAMANTHA PALMER on 020 8394 6487, Samantha.Palmer@russell-cooke.co.uk
JAMES McCALLUM on 020 8394 6481, James.McCallum@russell-cooke.co.uk

 

events

Autumn Evening Seminars 2013

To see the full details of seminars please click here.

Wednesday, 9th October 2013
RELOCATION THINGS YOU CAN DO TO KEEP IT QUICK, SIMPLE AND PAINLESS
A joint presentation by the Charity and Social Business Team property specialists and Mike Greensmith, Partner, Stanley Hicks, Chartered Surveyors. It will address the principal risks faced in relocation and highlight the steps you can take to minimise and manage those risks.

Wednesday, 13th November 2013
SOCIAL VALUE ACT 2012 AN OPPORTUNITY FOR CHARITIES AND SOCIAL ENTERPRISES?
The Public Services (Social Value) Act 2012 came into force in January 2013. We are delighted to be joined by Sue Chadwick, Corporate Lawyer at Essex County Council, who will share her experience of dealing with the new law from a purchaser/ commissioner's perspective

Wednesday, 27th November 2013
EMPLOYMENT LAW FOR NON-HR MANAGERS
Employment claims represent the largest risk to charities after loss of funding and it is vital for all managers in the sector to have a basic understanding of employment law and areas of potential risk. The session aims to provide an understanding of the fundamentals of employment law to assist non-HR managers identify such areas

OTHER EVENTS

Wednesday 23rd October 2013
LAND TRANSACTIONS INVOLVING CHARITIES MBL seminar
James McCallum, partner in the Charity and Social Business Team, is giving a seminar on behalf of MBL Seminars for solicitors, accountants and other professionals.  It is essential for property lawyers who have charities as clients to be fully aware of compliance issues in connection with the acquisition, management and disposal of property.  The purpose of this seminar is to explain the necessary steps to comply with the legal requirements and also to highlight the legal tools and strategies that are available when difficulties arise.
Please click here for booking details


Wednesday, 13th November 2013
MERGERS Joint seminar with Sayer Vincent
Andrew Studd, partner in the Charity and Social Business Team, is co-presenting a seminar on mergers with Sayer Vincent, the specialist charity auditors and advisors.  There have been an increasing number of mergers in the sector and Russell Cooke and Sayer Vincent have been involved with many of them. This session will build on those experiences. Russell-Cooke and Sayer Vincent assisted two charities in the formation of Brain Tumour UK as a result of merger and Sarah Lindsell, its chief executive will also share her thoughts. The session will look at the options available in terms of legal structures and deal with knotty questions such as TUPE transfers, pension liabilities, redundancies and bringing together systems.  Please click here for booking details.

 

The Charity & Social Business team
Russell-Cooke Solicitors
2 Putney Hill,
London
SW15 6AB

Tel: 020 8789 9111
www.russell-cooke.co.uk

 

This material does not give a full statement of the law. It is intended for guidance only, and is not a substitute for professional advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be accepted by Russell-Cooke LLP.

Copyright: Russell-Cooke LLP, October 2013

An archive of past updates can be found here

If you would like to reproduce some or all of our updates in your own publication, contact Kate Slattery on 020 8394 6458 or e-mail on Kate.Slattery@russell-cooke.co.uk

 

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