Clarifying the legal framework for social investment by charities – Law Commission

Posted April 28th, 2014 in charities, consultations, news by sally

‘Social investment provides financial returns while at the same time generating social benefits. It is an important and developing area for charities, enabling them to meet their charitable objectives by combining investment and spending. In a consultation opening today the Law Commission is seeking views on the law that governs how charities make social investments.’

Full story

Law Commission, 24th April 2014

Source: www.lawcommission.justice.gov.uk

Social Investment by Charities – Law Commission

Posted April 24th, 2014 in charities, consultations, Law Commission by sally

‘We are opening a consultation seeking views on changes to the law that governs how charities make social investments. The consultation paper analyses the legal framework, explains the ways in which the law already supports charity trustees and proposes changes that would clarify the way in which charities can use social investments to achieve their charitable aims.’

Full press release

Law Commission, 24th April 2014

Source: www.justice.gov.uk/lawcommission

Richard Clayton: The Curious Case of Kennedy v Charity Commission – UK Constitutional Law Association

‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’

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UK Constitutional Law Association, 18th April 2014

Source: www.ukconstitutionallaw.org

Termination of licence to operate soup kitchen was unlawful: High Court – Local Government Lawyer

Posted April 8th, 2014 in charities, food, licensing, local government, news by sally

‘A High Court judge has ruled that a local authority’s decision to terminate a charity’s licence to operate a ‘soup kitchen’ at one of the council’s car parks was unlawful.’

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Local Government Lawyer, 8th April 2014

Source: www.localgovernmentlawyer.co.uk

Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) – WLR Daily

Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) [2014] UKSC 20; [2014] WLR (D) 143

‘The Freedom of Information Act 2000 did not provide an exhaustive scheme in respect of the disclosure of information held by the Charity Commission relating to inquiries which they conducted. Although an absolute exemption under section 32(2) of that 2000 Act from disclosure under that Act lasted beyond the completion of such an inquiry, the question whether disclosure of information relating to such an inquiry was available would be governed by the Charities Act 1993, as substituted by the Charities Act 2006, construed in the light of common law principles.’

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – UK Human Rights Blog

‘Kennedy v. Charity Commission et al, Supreme Court, 26 March 2014. In judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000 concerning three inquiries between 2003 and 2005 into the Mariam Appeal. This appeal was George Galloway’s response to the sanctions imposed on Iraq following the first Gulf War, and little Mariam was a leukaemia sufferer. Mr Kennedy’s suspicion, amongst others, was that charitable funds had been used by Galloway for political campaigning.’

Full story

UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

The Savile Estate Saga – Sovereign Chambers

‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’

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Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk

Reshaping Justice – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Posted March 6th, 2014 in charities, civil justice, Crown Court, fraud, judges, rule of law, speeches by sally

‘It is a pleasure and a privilege to have been asked to give this short address tonight. It is an important time for both Justice the organisation and for our justice system. With that in mind I want to focus on what I have described in the title as “Reshaping Justice”.’

Full speech

Judiciary of England & Wales, 4th March 2014

Source: www.judiciary.gov.uk

Freemasons’ millions aren’t true charity, rules judge – Daily Telegraph

Posted February 26th, 2014 in charities, news, VAT by sally

‘Freemasons will be denied a multi-million pound tax break after a judge ruled that their governing body was not sufficiently “philanthropic” to be exempt from VAT, despite being the second largest charitable donor in the country.’

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Daily Telegraph, 25th February 2014

Source: www.telegraph.co.uk

Couple get married in Britain’s first Scientology wedding – The Independent

Posted February 24th, 2014 in charities, equality, marriage, news, registrars, religious discrimination by sally

‘Scientologists Louisa Hodkin and Alessandro Calcioli won a landmark legal battle to have the Church of Scientology recognised as a “place of meeting for religious worship”.’

Full story

The Independent, 23rd February 2014

Source: www.independent.co.uk

Another council faces judicial review over changes to library provision – Local Government Lawyer

‘Lincolnshire County Council has become the latest local authority to face judicial review proceedings over proposed cuts to its libraries.’

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Local Government Lawyer, 12th February 2014

Source: www.localgovernmentlawyer.co.uk

Launch of Child Sexual Exploitation Operating Protocol – CrimeLine

‘The Metropolitan Police Service is hosting a multi-agency launch at City Hall today, Monday 3 February, to set a benchmark for the investigation of child sexual exploitation in the capital. Designed to enhance victim care through improved referral pathways the MPS has drawn up robust processes to identify children at risk of abuse and sexual exploitation. The London Child Sexual Exploitation (CSE) Operating Protocol – which has been agreed across all 32 London boroughs – sets out the standards expected of all those agencies involved in dealing with the identification and protection of vulnerable children who are targeted for sexual abuse.’

Full story

CrimeLine, 31st February 2014

Source: www.crimeline.info

RSPCA risks losing power to prosecute – Daily Telegraph

‘The RSPCA’s role in prosecuting cases of animal cruelty could be overhauled to restore public confidence.’

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Daily Telegraph, 1st February 2014

Source: www.telegraph.co.uk

Sex crimes against young children rise, research suggests – BBC News

Posted January 13th, 2014 in charities, child abuse, news, sexual offences, statistics by sally

‘Recorded sex crimes against children under 11 in England and Wales went up by 16% last year, research suggests. There were 5,547 incidents, against the previous year’s 4,772, according to data from 41 police forces obtained by children’s charity, the NSPCC.’

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BBC News, 14th January 2014

Source: www.bbc.co.uk

RSPCA hires former CPS lawyer to review its prosecutions policy – Daily Telegraph

Posted December 19th, 2013 in animal cruelty, charities, news, private prosecutions, solicitors by sally

‘The RSPCA has bowed to pressure from MPs and campaigners and hired a senior lawyer to carry out a £50,000 review into its controversial prosecutions policy.’

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Daily Telegraph, 19th December 2013

Source: www.telegraph.co.uk

Short Cuts – London Review of Books

Posted December 12th, 2013 in bills, charities, elections, lobbying, news by sally

‘The Lobbying Bill – due to complete the Lords committee stage before Christmas – is intended ‘to ensure that people know whose interests are being represented by consultant lobbyists who make representations to government’. Part One provides that lobbyists must disclose the names of their clients four times a year in a public register; there will be a registrar to enforce compliance, and sanctions for non-compliance. This should make ministers more cautious about promoting policies that favour special interests, and should make special interest groups more cautious in their dealings with ministers. Those who want to engage in this type of lobbying, and can afford it, can properly be expected to bear the costs of regulation.’

Full story

London Review of Books, 19th December 2013

Source: www.lrb.co.uk

Theresa May to outline anti-extremism plans – BBC News

Posted December 4th, 2013 in charities, consultations, incitement, internet, news, terrorism by sally

‘Home Secretary Theresa May is due to set out measures to tackle extremism after recommendations from a taskforce set up by the prime minister.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

Charity Commission ‘not fit for purpose’, says Margaret Hodge – The Guardian

‘Margaret Hodge has described the Charity Commission as not “fit for purpose” after a highly critical report warned that its failure to investigate fraud and abuse was undermining public faith in good causes.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

New victims’ funding for restorative justice – Ministry of Justice

Posted November 19th, 2013 in charities, news, police, restorative justice, victims by sally

“At least £29million is being made available to Police and Crime Commissioners and charities to help deliver Restorative Justice for victims over the coming three years, Justice Minister Damian Green has announced.”

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Ministry of Justice, 19th November 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Gay rights group challenges Charity Commission refusal – The Guardian

Posted November 18th, 2013 in appeals, charities, homosexuality, human rights, news, public interest by sally

“A human rights organisation that supports gay and lesbian individuals in countries where homosexuality is outlawed has been denied charitable status on the grounds that it is not sufficiently of ‘public benefit’.”

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The Guardian, 17th November 2013

Source: www.guardian.co.uk