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09 December 2016 / Giselle Davies , Bethan Walsh , Giselle Davies
Issue: 7726 / Categories: Features , Charities
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​Great expectations

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Giselle Davies & Bethan Walsh outline what to expect from the Law Commission’s recent consultation on charity law

  • An analysis of the Law Commission Supplementary Consultation on Technical Issues in Charity Law.

The Law Commission recently entered into supplementary consultation on two further technical points where reforms are proposed after these were raised by respondents during its Consultation on Technical Issues in Charity Law last year.

The first proposal would allow unincorporated charities to change their purposes in the same way as corporate charities do. The second proposal would make it easier for incorporated charities to achieve “trust corporation” status.

Unincorporated & incorporated charities

“Charity” is a status rather than a legal structure. Legal structures fall into one of two categories; unincorporated (such as Trusts and Associations) and incorporated (such as companies, charitable incorporated organisations (CIOs) and community benefit societies).

An unincorporated charity has no legal personality separate from its trustees so the trustees must enter into contracts personally on behalf of the charity and this raises issues of personal liability

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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