‘More than a quarter of the statutory investigations that have been launched by the Charity Commission since April 2012 and remain open have targeted Muslim organisations, an analysis by the Guardian can reveal – drawing criticism from Islamic groups that they are being unfairly singled out.’
The Guardian, 16th November 2014
Source: www.guardian.co.uk
‘A man who was caught on CCTV stealing a poppy collection box has been jailed for 18 weeks.’
BBC News, 14th November 2014
Source: www.bbc.co.uk
‘Philip Hammond has rejected a “bizarre” plan to enshrine in law Britain’s commitment to spend billions of pounds every year on foreign aid. The Foreign Secretary’s comments could prompt a row with the Liberal Democrats, who are attempting to force through legislation committing the Government to spending 0.7 per cent of GDP on foreign aid. Mr Hammond said there is no need for a new law because the Government is already spending 0.7 per cent, which is a United Nations target.’
Daily Telegraph, 12th November 2014
Source: www.telegraph.co.uk
‘A charitable trust has launched an Appeal Court challenge over the compensation scheme for people who say they were abused by Jimmy Savile.’
BBC News, 4th November 2014
Source: www.bbc.co.uk
Routier and another v Revenue and Customs Commissioners [2014] EWHC 3010 (Ch); [2014] WLR (D) 449
‘For a transfer under a will to be exempt from inheritance tax because it was to be “held on trust for charitable purposes” within the meaning of section 23(6) of the Inheritance Tax Act 1984 the relevant trust had to be subject to the jurisdiction of the United Kingdom courts.’
WLR Daily, 18th October 2014
Source: www.iclr.co.uk
‘A major step towards completing the government’s crucial rehabilitation reforms was taken today, as the organisations that will play a key role in turning round the lives of offenders were announced.’
Ministry of Justice, 29th October 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘In June the government put into force plans to change the way the probation service runs, and forged ahead with proposals to privatise parts of it. But why are some people unhappy about this?’
BBC News, 29th October 2014
Source: www.bbc.co.uk
‘Papers submitted to court in bid to trigger rare private prosecution of doctors exposed in The Telegraph’s undercover abortion investigation.’
Daily Telegraph, 24th October 2014
Source: www.telegraph.co.uk
‘David Cameron has awarded extra powers and £8 million to a charity watchdog in an effort to “confront the menace of extremism” posed by bogus charities that divert cash to terrorism and other criminal activity.’
The Independent, 22nd October 2014
Source: www.independent.co.uk
‘Ministers will come under fresh pressure this week not to ease rules on minicabs, a relaxation that safety campaigners say would endanger vulnerable women.’
The Independent, 19th October 2014
Source: www.independent.co.uk
‘As the opening comments of Charles Hollander QC in his judgment in King v Dubrey [2014] EWHC 2083, make clear, a donatio mortis causa (DMC) takes effect as a historic and anomalous exception to the requirements of the Wills Act. It involves… a present gift which takes effect in the future and remains conditional until the donor dies. On death it becomes absolute. It has previously been described as being of “an amphibious nature, being a gift which is neither entirely inter vivos nor testamentary.” The task for the Court is to distinguish between a genuine DMC and an attempt to make a testamentary gift other than in accordance with the Wills Act. The test has, for over one hundred and fifty years, been a high one –
“…no case of this description ought to prevail unless it is supported by evidence of the clearest and most unequivocal character.”’
Hardwicke Chambers, 25th September 2014
Source: www.hardwicke.co.uk
My purpose in this article is to highlight the sort of issues facing charities in deciding whether or not to litigate over a legacy, or residuary gift, contained in a Will. In particular, I shall be looking at a number of cases where charities have faced such difficult decisions, some of which they have got wrong.
Full story (PDF)
New Square Chambers, 2nd October 2014
Source: www.newsquarechambers.co.uk
‘In a paper published today the Law Commission explains the existing legal framework for social investment by charities and recommends measures to simplify and clarify the law.’
Law Commission, 24th September 2014
Source: www.lawcommission.justice.gov.uk
‘In September 1939, the CAB was established with the creation of 200 emergency centres across the country. Today it deals with issues from the fallout of the bedroom tax, benefits cuts and fraud, but in wartime it helped to replace lost ration books and put wives and parents in touch with lost sons and husbands in prisoner-of-war camps.’
The Independent, 7th September 2014
Source: www.independent.co.uk
‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’
WLR Daily, 22nd July 2014
Source: www.iclr.co.uk
‘Up to £230m has been spent “needlessly” holding people on remand in custody who eventually avoided jail, a penal reform charity has said. More than 35,000 people kept on remand in 2013 went on to be either acquitted or be given non-custodial sentences, according to new figures obtained by the Howard League for Penal Reform from the Ministry of Justice through a Freedom of Information request.’
The Guardian, 18th August 2014
Source: www.guardian.co.uk
‘Richard and Samantha Byrnes express their relief after the Crown Prosecution Service steps in and orders the RSPCA to halt an animal cruelty case against them.’
Daily Telegraph, 10th August 2014
Source: www.telegraph.co.uk
‘A charity set up by Jimmy Savile has warned a compensation scheme for the sex abuser’s victims could result in millions being paid in lawyers’ fees.’
BBC News, 31st July 2014
Source: www.bbc.co.uk
‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’
WLR Daily, 22nd July 2014
Source: www.iclr.co.uk
‘A man who tricked the public into donating £300,000 of pounds to the armed forces charity Help for Heroes, only to pocket the money himself, has been told by a judge he faces a “lengthy” prison sentence.’
The Independent, 28th July 2014
Source: www.independent.co.uk
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