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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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