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19 June 2015 / Daniel Robinson
Issue: 7657 / Categories: Features
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Under review

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Daniel Robinson puts charity law under the spotlight

The Charities Act 2006 introduced wide-ranging reforms to charity law. In 2012, Lord Hodgson published his root-and-branch review of the Act and some of his recommendations were referred to the Law Commission for further consideration. We consulted on social investment by charities in 2014. We then recommended the creation of a new statutory power for charities to make social investments with a statutory statement of charity trustees’ duties when doing so.

Charities (Protection and Social Investment) Bill

We drafted a Bill to give effect to our recommendations, which was included within the Charities (Protection and Social Investment) Bill, introduced shortly after the Queen’s Speech. As well as implementing our recommendations on social investment, the Bill would implement the government’s proposals to give further powers to the Charity Commission to protect charities and make provision for the disqualification of charity trustees.

Our current consultation

The Law Commission is now consulting on the remaining issues within its charity law project. We have grappled with a wide range of knotty problems

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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