‘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
‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’
WLR Daily, 9th July 2014
Source: www.iclr.co.uk
‘The conviction rate for domestic violence cases has reached its highest ever level, with cases now making up 10.7% of the Crown Prosecution Service’s workload, the director of public prosecutions will announce on Wednesday.’
The Guardian, 2nd July 2014
Source: www.guardian.co.uk
‘Where a contractor under a public contract was a non-profit association which, at the time of the award of the contract, had as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for “similar control”, established by the case law of the Court of Justice of the European Union in order that the award of a public contract could be regarded as an in-house operation, was not met, so that Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts applied.’
WLR Daily, 19th June 2014
Source: www.iclr.co.uk
‘Ministers are under fire because of plans to let the Women’s Institute, bed and breakfasts and charities start selling alcohol, which doctors and local councils warn could worsen Britain’s drink problem.’
The Guardian, 23rd June 2014
Source: www.guardian.co.uk
‘The Supreme Court has just reversed a decision of the Court of Appeal (see my previous post here) that a dispute about the trust deeds of two Sikh religious charities was non-justiciable and so could not and should not be decided by the Courts. By contrast, the SC said that two initial issues concerning the meaning of trust deeds were justiciable, and, because of this, further issues which did raise religious issues had to be determined by the courts.’
UK Human Rights Blog, 11th June 2014
Source: www.ukhumanrightsblog.com
‘A controversial cull of thousands of gulls in the UK will go ahead after a legal challenge by conservationists failed.’
The Guardian, 21st May 2014
Source: www.guardian.co.uk
Co-operative and Community Benefit Societies Act 2014 published
Source: www.legislation.gov.uk
‘Section 4 of the Local Government Finance Act 1992 (“LGF92”) provides that council tax is payable1 on any dwelling which is not an “exempt dwelling”. A dwelling is an “exempt dwelling” if it is “of a class prescribed by an order made by the Secretary of State”2 and thereby falls into one of 23 categories provided for by the Order.’
Hardwicke Chambers, 30th April 2014
Source: www.hardwicke.co.uk
© Inner Temple Library 2025