Section 34, Section 319(2)(b) and Column 2 of Schedule 6 Charities Act 2011. Standing of an ‘addressee’ to appeal against decision of Charity Commission. Citations: [2016] UKUT 198 (TCC) Links: Bailii Statutes: Charities Act 2011 34 319(2)(b) Jurisdiction: England and Wales Charity Updated: 27 November 2022; Ref: scu.567347
The Commission had requested information and documents from the respondents, former trustees of charity, so that it could pursue an investigation of it. Held: The court was satisfied as to its ability to deal with this matter despite the non-attendance of the respondents. It found breaches of the notices, and adjourned to allow the respondents … Continue reading Charity Commission for England and Wales v Wright and Another: ChD 8 Nov 2019
Charity Commission – Appeal from FTT decision – review of decision to open statutory inquiry – section 46 Charities Act 2011 – Article 14 of Schedule 1 to the Human Rights Act 1998. Appeal from case management decisions in relation to cross examination and disclosure for the purposes of the review. 4 April 2017 Citations: … Continue reading Trusteees of Manchester New Moston Congregation of Jehovah’s Witnesses v The Charity Commission for England and Wales: UTTC 4 Apr 2017
The separated widow and the deceased’s daughter sought reasonable provision from the estate. Judges: Purle QC HHJ Citations: [2010] EWHC 3443 (Ch), [2011] WTLR 583 Links: Bailii Statutes: Inheritance (Provisions for Family and Dependants) Act 1975 Jurisdiction: England and Wales Cited by: Cited – Ilott v The Blue Cross and Others SC 15-Mar-2017 What is … Continue reading Hope and Another v Knight: ChD 15 Dec 2010
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The defendant had failed to complete on land purchase from the Vendor. The contract came to be rescinded, but the defendant objected to forfeiture of the deposit paid, saying that the Charity had failed to comply with its statutory obligations as regards land sales. Held: The claimant’s request for summary judgment was refused. Judges: March … Continue reading The David Roberts Art Foundation Ltd v Riedweg: ChD 6 Jun 2019
The claimant sought to appeal against a decision on quantum made under the 1975 Act. The court had awarded her pounds 50k in capital by way of maintenance from her mother’s estate, where the mother had left the estate to animal charities. She had been estranged from her mother for many years. Held: The appeal … Continue reading Ilott v Mitson and Others: FD 3 Mar 2014
The claimant, the estranged adult daughter of the deceased, had claimed under the 1975 Act. The judge made an order for payment of pounds 50,000 by way of capitalisation of maintenance. The claimant appealed saying she should have received more, and the charities (beneficiaries under the will) said that no payment should have been ordered … Continue reading Ilott v Mitson and Others: CA 31 Mar 2011
What is reasonable provision for daughter? The deceased had left her estate in her will to several animal charities. The claimant, her daughter, had been estranged from her mother for many years, and sought reasonable provision from her estate under the 1975 Act. The district judge had rejected her claim. Held: The appeal by the … Continue reading Ilott v The Blue Cross and Others: SC 15 Mar 2017
Five trustees of a Gurdwara challenged the validity of the election of a new committee, saying that the election had not beenconducted properly. Held: The trust was in fact, and by concession, entirely a charity, and therefore the chosen method of challenge was not available. Judges: Purle C HHJ Citations: [2014] EWHC 4813 (Ch) Links: … Continue reading Singh and Others v Teeng and Others: ChD 20 May 2013
The parties disputed the trusteeship and governance of two Gurdwaras (Sikh temples). The defendants now applied for the claim to be struck out on the basis that the differences were as to Sikh doctrines and practice and as such were unjusticiable. Held: The appeal was allowed. There were no ‘judicial or manageable standards’ by which … Continue reading Khaira and Others v Shergill and Others: CA 17 Jul 2012
Appeal from refusal of order for charity to change its name Citations: [2018] UKUT 351 (TCC) Links: Bailii Statutes: Charities Act 2011 Jurisdiction: England and Wales Charity Updated: 03 June 2022; Ref: scu.628100
The claimant Union claimed that the defendant should recognise the game of bridge as a sport. The defendant had adopted a definition from Europe which required physical activity, and the Union said that this was a misconstruction of its Royal Charter. The result would substantiallyy affect support for the game. Held: The request for review … Continue reading English Bridge Union Ltd, Regina (on The Application of) v The English Sports Council and Others: Admn 15 Oct 2015
A Jersey Charity created under a will of a Jersey resident was transfer to the UK, and reregistered with the UK Charity Commission. The Revenue sought to apply Inheritance Tax. Held: Jersey was to be considered a third country for the purpose of a transfer of capital from the United Kingdom. The restriction of relief … Continue reading Routier and Another v Revenue and Customs: SC 16 Oct 2019
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015
The claimant police officer complained of an article he said was defamatory in saying he was being investigated for allegations of accepting bribes. The article remained on the internet even after he was cleared. Each party appealed interim orders. Held: The claimant’s appeal succeeded. When investigating suspected misbehaviour by police officers, a journalist can go … Continue reading Flood v Times Newspapers Ltd: CA 13 Jul 2010
The commission alleged that the charity was being used as a means of tax avoidance. Snowden J [2016] EWHC 876 (Ch) Bailii Charities Act 2011 England and Wales Charity, Taxes Management Updated: 14 January 2022; Ref: scu.562458
The Charity resisted a proposed investigation by the respondent regarding safeguarding of vulnerable beneficiaries, in particular children who are subject to or make allegations of sexual abuse by individuals who are connected with Jehovah’s Witness congregations. Lordd Dyson MR, McCombe, David Richards LJJ [2016] EWCA Civ 154 Bailii Charities Act 2011 England and Wales Charity … Continue reading Watch Tower Bible and Tract Society of Britain and Others v The Charity Commission: CA 15 Mar 2016
The claimant was the adult and long estranged daughter of her now deceased mother. The mother’s will left the estate entirely to animal charities. The daughter sought reasonable provision under the 1975 Act. Held: The claimant’s appeal succeeded. The District Judge had made two ‘fundamental’ errors of principle, and these allowed the appeal court to … Continue reading Ilott v Mitson and Others: CA 27 Jul 2015
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 Act. Held: That a religion did not involve beliefs in a god should … Continue reading Hodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages: SC 11 Dec 2013
The claimant a composer and musician said that the defendant charity’s failure to incorporate his music within their programmes was the result of the personal animosity of its chairman, and that this allowed relief under section 115(1) of the 2011 Act. Norris J [2013] EWHC 3792 (Ch), [2014] PTSR 261 Bailii Charities Act 2011 115(1) … Continue reading Rosenzweig v NMC Recordings Ltd: ChD 4 Dec 2013
Application of Hastings-Bass Rule F had created two settlements. Distributions were made, but overlooking the effect of section 2(4) of the 2002 Act, creating a large tax liability. P had taken advice on the investment of the proceeds of a damages claim and created a discretionary trust. Unfortunately it was done in such a way … Continue reading Futter and Another v Revenue and Customs; Pitt v Same: SC 9 May 2013
The respondent had instigated a statutory inquiry under the 2011 Act into the claimant’s child safeguarding practices, and policies after compaints made to it. The Society now sought judicial review of that decision, and to production orders made to support it. The respondent argued that the Charity should first use the statutory remedies available to … Continue reading Watch Tower Bible and Tract Society of Britain v Charity Commission: Admn 12 Dec 2014
The court was asked ‘If a charity acquires property in furtherance of its charitable purposes, or as an investment, it is entitled to relief against liability to pay stamp duty land tax (SDLT) on the purchase price.’ Held: The modern approach to statutory construction is to have regard to the purpose of a particular provision … Continue reading The Pollen Estate Trustee Company Ltd and Another v HM Revenue and Customs: CA 26 Jun 2013
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting of the stay after the claimant had received permission. Held: The objection failed. Authority could be granted … Continue reading Park v Cho and Others: ChD 24 Jan 2014
Application for directions as to management of assets of the Dove Trust after intervention and appointment of interim manager. Henderson J [2014] EWHC 2507 (Ch) Bailii Charities Act 2011 England and Wales Charity Updated: 01 November 2021; Ref: scu.535163
The claimant journalist had made a freedom of information request to the Charity Commission as to its investigations of a charity under section 8 of the 1993 Act. The Commission claimed absolute exemption under section 32(2). He now appealed against rejection of his application by the Information Tribunal as to most of the material sought. … Continue reading Kennedy v Information Commissioner: Admn 19 Jan 2010
UTTC Public benefit requirement contained in the Charities Act 2006 Warren J P [2011] UKUT 421 (TCC) Bailii Charities Act 2006 England and Wales Charity Updated: 01 November 2021; Ref: scu.448065
A charity established by H and W wanted to transfer part of its fund to a new charity headed by W in return for her resignation from the first charity on the breakdown of the marriage. Court approval was sought for a transfer, but the remaining . .
References: [2016] UKUT 198 (TCC) Links: Bailii Ratio: Section 34, Section 319(2)(b) and Column 2 of Schedule 6 Charities Act 2011. Standing of an ‘addressee’ to appeal against decision of Charity Commission. Statutes: Charities Act 2011 34 319(2)(b) Last Update: 30-Jul-16 Ref: 567347
References: [2011] UKUT 421 (TCC) Links: Bailii Coram: Warren J P UTTC Public benefit requirement contained in the Charities Act 2006 Statutes: Charities Act 2006
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The deceased’s adult son sought provision from the intestate estate. The sole beneficiary under the rules was the plaintiff’s mother. The estate was modest; the intestate’s interest in his house (he had been living there with the plaintiff). The widow was found to have a one third interest in it. The judge took the disposable … Continue reading In Re Coventry (deceased): CA 3 Jan 1979
Judges: Judge J Holbrook Citations: [2022] UKFTT 331 (GRC) Links: Bailii Statutes: Charities Act 2011 181A Jurisdiction: England and Wales Charity Updated: 19 November 2022; Ref: scu.682427
Judges: Judge Rebecca Worth Citations: [2020] UKFTT 2020 – 0009 (GRC) Links: Bailii Statutes: Charities Act 2011 76(3)(g) Jurisdiction: England and Wales Charity Updated: 18 November 2022; Ref: scu.682412
Citations: [2020] EWHC 790 (Ch) Links: Bailii Statutes: Charities Act 2011 115(5) Jurisdiction: England and Wales Charity Updated: 17 November 2022; Ref: scu.649957
Citations: [2022] UKFTT 177 (GRC) Links: Bailii Statutes: Charities Act 2011 181A Jurisdiction: England and Wales Charity Updated: 05 October 2022; Ref: scu.680685
The claimant sought release of documents placed with the Charity Commission in connection with investigations into a charity. Held: With certain exceptions, the applicaion failed: ‘once a public authority places documents it held prior to an inquiry into the custody of itself conducting a statutory inquiry then those documents would seem to us to be … Continue reading Kennedy v Information Commissioner: IT 14 Jun 2009
The adult daughter of the deceased claimed under the 1975 Act. The deceased had acted entirely reasonably in leaving his business land to those of his children who were active in the business, but after his death part of the land acquired a development value six times its probate assessment, and, that being the case, … Continue reading Snapes v Aram; Wade etc, In re Hancocks (Deceased): CA 1 May 1998
The claimant was the former wife of the deceased. She had been divorced from him 19 years before his death and their matrimonial finances had been settled by a lump sum paid to her as a clean break. There had been no financial relationship between them for the next 19 years, although they had remained … Continue reading Cameron v Treasury Solicitor: 1996
The now deceased father had made lifetime gifts to the son. The son now faced substantial liabilities for capital transfer tax, and asked the court to provide for his from the estate under the 1975 Act. Held: The claim failed. The payment of the applicant’s debts was not for his maintenance, because there was nothing … Continue reading In re Dennis (Deceased): 1981
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
Judges: Mr Justice Zacaroli Citations: [2022] EWHC 102 (Ch) Links: Bailii Statutes: Charities Act 2011 62(1)(a)(I) Jurisdiction: England and Wales Charity Updated: 09 February 2022; Ref: scu.671586
Right to Life Did Not include Right to Death The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not the antithesis of the right … Continue reading Pretty v The United Kingdom: ECHR 29 Apr 2002
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
A petition was brought to request that a judgment of the House be set aside because the wife of one their lordships, Lord Hoffmann, was as an unpaid director of a subsidiary of Amnesty International which had in turn been involved in a campaign against the applicant, and as a party. Held: The House is … Continue reading Regina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2): HL 15 Jan 1999
No Presumption of House for both Parties When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be reluctant to allow repeated appeals … Continue reading Piglowska v Piglowski: HL 24 Jun 1999
We index legal judgments (283 thousand cases) for lawyers, students, and litigants in the UK. We link to many full judgments, and we add citations, summaries and cross references as appropriate and available. Earlier recent cases Lex vobiscum (May the Law be with You – swarb.co.uk); pax vobiscum (May Peace be with You – The … Continue reading May the Law be with You – Lex Vobiscum
