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Briefings

We produce regular briefings which examine the latest legal developments, regulations and case law. 

Social Investment by Charities: Law Commission Recommendations Published

Date Posted: 24/10/2014 Author: Rebecca Fry

On 24 September 2014, the Law Commission published its final recommendations to Government on social investment by charities. If accepted, these will prompt the introduction of a new statutory power enabling charity trustees to make social investments, putting the legal basis for s...

Assets of Community Value: A refresher on the risks for land-owning charities

Date Posted: 24/10/2014 Author: Karen Phull and Sam Macdonald

The Localism Act 2011 promised local communities a greater say in developments in their locality.  A raft of changes to the planning system were introduced, amongst these the ability to make an application to designate land or buildings as Assets of Community Value (ACV). 

Social media use: risks and remedies for charities

Date Posted: 24/10/2014 Author: Jennifer Agate

Social media can be a powerful tool for charities, providing an effective means of engaging with both existing supporters and new audiences, facilitating campaigning, lobbying and fundraising initiatives. 

However to use social media effectively, charities need to be equipped to deal with the challenges it presents, whether the charity ...

"Transparency and Trust" – Who's pulling the strings?

Date Posted: 24/10/2014 Author: Hector Wakefield and Hugo Walford

In June 2013, members of the G8 agreed to a number of core Principles fundamental to the transparency of ownership and control of companies. In July 2013 the Department for Business, Innovation and Skills (BIS) published the government's Transparency and Trust Discussion Paper (the Discussion Paper) and invited views from the general publi...

VAT Cost Sharing Groups: points to bear in mind

Date Posted: 24/10/2014 Author: Charlotte Black

The Cost Sharing Exemption was introduced to assist institutions such as charities and educational establishments in reducing the VAT they incur.  As is well known, VAT is a cost which these bodies cannot easily recover as a consequence of their activities being either fully or partially VAT exempt. 

The Human Dignity Trust case: What does it mean to "advance human rights" in a charity law context?

Date Posted: 24/10/2014 Author: Rachel Holmes

This question was recently considered by the First Tier Tribunal (the Tribunal) when it heard the appeal of The Human Dignity Trust (HDT) against the Charity Commission’s refusal to register it as a charity.

HDT’s principal activity is bringing litigation to challenge laws that criminalise same-sex relations...

Tick-box exercises? Pre-selected donations, Gift Aid admissions and recent changes in consumer law

Date Posted: 24/10/2014 Author: Julian Smith and Laetitia Ransley

In June 2014 we commented on some of the legal implications of the implementation of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulat...

Market Evidence

Date Posted: 24/10/2014 Author: Helen Sculthorpe

This article was first published in New Law Journal (www.newjournal.co.uk).

Helen Sculthorpe explains how the Upper Tribunal has put relatively & professional valuation in the spotlight.

Charities and Social Enterprise Bulletin – Autumn 2014

Date Posted: 23/10/2014 Author: Anne Marie Piper

In this Edition of our Charities and Social Enterprise Bulletin we:

  • consider how the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 effect the use by charities of tick box opt-out additional donations;
  • comment on points to bear in mind when establishing or running a Cost Sharing Group for VAT purposes;
  • ...

Mediation: after Jackson

Date Posted: 22/10/2014 Author: Adam Carvalho and Lizzy Sainsbury

This article appeared in the November edition of Trusts and Estates Law & Tax Journal (www.lawjournals.co.uk), reproduced here with the kind permission of the editor.

Community amateur sports clubs: HMRC consults on draft qualifying regulations

Date Posted: 21/10/2014 Author: James Maloney

Following the Government's consultation on secondary legislation for Community Amateur Sports Clubs (CASCs) last year, HMRC has launched a technical consultation on the draft regulations on qualifying conditions for CASCs.

The draft regulations provide detail to the new rules governing the CASC scheme, introduced in April 20...

Inn the Field of Play - Keeping your Head - Courtois' concussion

Date Posted: 21/10/2014 Author: Udo Onwere and Thomas Rudkin

This month we look at the rules governing sporting head injuries which are, of course, an obvious occupational hazard of professional contact sport. This issue has resurfaced following the recent collision between Chelsea goalkeeper Thibaut Courtois and Arsenal's Alexis Sanchez.

Comment: Reputation Mis-management (Part One)

Date Posted: 14/10/2014 Author: Julian Pike

Running Yourself Out (Without the Need for a TV Replay)

Well, what a week that was! In terms of self-inflicted damage,  Kevin Pietersen versus the English Cricket Board and Messrs  Bresnan, Broad, Clarke, Cook, Flower, Prior, Swann .... (I'm sure I've missed someone) provides a wonderful example of how two sides to a dispute can si...

Returning Cash or Other Assets to Shareholders

Date Posted: 06/10/2014 Author: Anthony Turner

Directors must promote the success of the company of which they are directors for the benefit of its shareholders as a whole.  It is therefore important for the Board to determine from time to time if, and when, cash or other distributions should be made to shareholders.

Design Law Update (October 2014)

Date Posted: 02/10/2014 Author: Anthony Misquitta

Back in June 2013 we published a short article warning that changes to the UK law of designs were coming. Most of those changes came into force on 1 October 2014 and this is a brief note explaining the essential changes that people and businesses involved with the creative i...

Victoria's Secret's Pink Slip

Date Posted: 30/09/2014 Author: Anthony Misquitta

At the end of July Birss J sitting in the High Court handed down a judgment in the case involving two very well-known High Street brands battling over the right to use the word PINK as a trade mark for fashion products.

Thomas Pink Limited v Victoria's S...

The race to lay out one's towel: securing jurisdiction for divorce in England and Wales

Date Posted: 25/09/2014 Author: Victoria Stratton

The recent case of Chai v Peng[1] hit the headlines when the High Court Judge hearing the case, Mr Justice Holman, criticise...

Relocation Relocation Relocation

Date Posted: 25/09/2014 Author: Elizabeth Burch

It is not uncommon for children to have parents of different nationalities.  Similarly, it is increasingly common for people to move to this country to work, bringing their families with them. 

What happens if those relationships break down and one of the parties wishes to move home with the children whils...

"Can we fix it? Possibly not."

Date Posted: 25/09/2014 Author: Nicholas Bennett

Luckwell, Limata and the need for care with pre-nuptial agreements in England

Inn the Field of Play - Why the Rooney Rule matters

Date Posted: 24/09/2014 Author: David Hunt and Udo Onwere

The Malky Mackay texts controversy, and subsequent comments emanating from the League Managers' Association, brought the question of race in professional football firmly back into the spotlight.  Following Chris Powell's recent appointment as manager of Huddersfield earlier this month, there is currently only one black manager in all of the 92 league clubs in England.&n...

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