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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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