CHARITABLE TRUSTS

adoption agencies (Catholic) & equality legislation: problems with acceptance of terms incompatible with Catholic teaching - 2008, 161, 98
adoption charity (Catholic Care) not allowed to change objects clause in Memorandum of Association to refuse adoption to same-sex couples (case) - 2009, 163, 176; changing charity's objects remitted to Charity Commission to decide - 2010, 164, 93; not allowed to amend it's charitable objects to only serve heterosexual couples - 2010, 165, 214; Equality Act 2010 means objects can't be changed - 2011, 167, 103; appeal to discriminate dismissed - 2013, 170, 112; 2014, 173, 113
adoption agency (Catholic) failed in appeal to amend objects to exclude same-sex couples partly due to dissenting Catholics who would continue to donate - 2016, 176, 18
Anglicans moving en masse to Catholic Church can cause issues with no right to take property & trustee conflict of interest - 2016, 176, 18
autonomy concerns with regard to Inter Vivos religious giving & charitable trusts (affecting land) in Nineteenth Century England - 2006, 157, 17
'belief' in charity law: Humanist proposals for definition - 2021, 187, 121
bequests to solely contemplative orders can't be charitable trusts but can be gifts to individual members (Nineteenth Century England) - 2006, 157, 17
Buckfast Abbey School, legal challenge to the closure of - 1998, 136/137, 58
cases concerning whether paganism is a religion for charity law purposes - 2011, 167, 54
Catholic abuse cases: conflicts of interest between canon and charity law; canonical requirement for ecclesiastical control - 2019, 182, 37
Catholic abuse liability; possible ways to legally mitigate - 2019, 182, 37
Catholic issues regarding - 1995, 126/127, 72
Catholic canon law uses civil law to enforce some parts e.g. charitable structures so dioceses or orders can hold property - 2019, 182, 37
Catholic Canonical bodies, legal structures, property & control in: dioceses, parishes, schools, orders & charities - 2016, 176, 18
Catholic Care not allowed to amend it's charitable objects to only serve heterosexual couples - 2010, 165, 214
Catholic charities, examples of ones that have been in conflict with the Church on doctrinal issues - 2016, 176, 18
Catholic charities, problems of control; clerics can ensure orthodoxy but church control increases risk of liability - 2019, 182, 37
Catholic Church structures, complexity of, can mean litigants struggle to pinpoint which is liable - 2019, 182, 37
Celestial Church of Christ (a charity), dismissal of Pastor upheld; Parochial Committee had power to dismiss and thus remove as trustee (case) - 2017, 178, 127
challenge to doctrinal requirements of Sikh charity, Charity Commission decision not to authorise proceedings upheld (case) - 2012, 169, 287
charitable purposes, reproduction of educational material for retrieval - 1972, 37, 151
charitable status for enclosed orders, arguments for inter alia: public access for services & via correspondance; part charitable status; could be relief of poverty / infirmity - 2016, 177, 157
charitable trusts can only be set up for religious orders which are not solely contemplative (Nineteenth Century England) - 2006, 157, 17
charitable trusts for purposes: legal characteristics of, in Nineteenth Century England - 2006, 157, 17
Charities Act 2006 changed definition of religion from 'faith & worship of God' to be compliant with Article 9, including poly and non-theistic religions; public benefit also no longer presumed - 2020, 185, 155
Charities Bill 2005 - 2005, 155, 100
Charities entailing humanism or paganism may be able to register as promoting Article 9 beliefs (rather than showing social benefit etc) - 2020, 185, 155
Charity Commission can authorise trustees to setle legal claims or ex gratia payments with charitable funds - 2019, 182, 37
Charity Commission claims not to be bound by earlier court decisions due to legal changes away from presumption of public benefit for religious charities - 2016, 177, 157
Charity Commission decision that Church of Scientology is not a religion; no reverent worship - 2017, 178, 57
Charity Commission: how should public benefit of schools be assessed? - 2009, 163, 166
Charity Commission, is it breaking non-justiciability by examining / regulating religious belief? - 2017, 178, 57
Charity Commission's decision to require worship in order to be defined as a religion, restricts non-religious belief - 2020, 185, 155
Charity Commission's criteria for the definition of 'religion' as illustrated by the Jedi case - 2017, 178, 57
Charity Commissioners can authorise proceedings without consulting trustees - 1998, 136/137, 58
church controlled charities: control can affect liability, orthodoxy & property ownership - 2016, 176, 18
church controlled charities: implications in canon / civil law & advantages of control - 2016, 176, 18
charity law from 1601 - 2006: Statutes and public benefit - 2021, 187, 121
charity law reform: brief update - 2008, 161, 111
Church Charitable Incorporated Organisation, dispute between factions; members should act independently & in best interests of CIO (case) - 2020, 185, 204
Church of England charitable structures: dioceses, PCCs, schools and charities - 2016, 176, 18
church property: small denomination split into factions, needs to appoint trustees of properties to ensure original purposes of charitable gift - 2010, 165, 237; trustees breached trust, must promote both congregations not just one (case) - 2011, 167, 123
church wishing to convert its property lease to freehold can use Statute to do this against owner's wishes (case) - 2021, 186, 65
classification of charitites in case law by 1891: advancement of religion, education, relief of poverty, benefit to the community - 2021, 187, 121
consolidation of charity statute law - 2011, 167, 80
contemplative nuns not allowed charitable status if have no public benefit - 2005, 155, 100
court allowed informal meeting of local muslims (against some original trustees) to transfer Mosque ownership to new charitable company (case) - 2011, 166, 102
cy pres doctrine: importance of donor intentions; application to giving to enclosed religious order - 2016, 177, 157
debate over whether the presumption of public benefit for religious charities existed in common law - 2017, 178, 57
devolution, problems in charity law across UK caused by - 2009, 163, 166
druid network allowed to register as a charity for the advancement of religion for the public benefit - 2011, 166, 95
duty of care must try to protect charity assets (or could be liable); may conflict with moral need to settle claim - 2019, 182, 37
educational charities, supervision by the Charity Commissioners -1973, 40, 78
Equality Act (Sexual Orientation) Regulations, publically funded charities forbidden from discriminating against practising homosexuals - 2007, 159, 114
examples of charities that seem to have little public benefit but receive tax relief; should only public benefit define a charity (no beliefs required)? - 2021, 187, 121
freedom of expression in charity law: are non-religious & political charities under stricter rules than religious ones? - 2020, 185, 155
gifts and trusts: distinction can affect legal enforceability of religious giving (Nineteenth Century England) - 2006, 157, 17
Gilmour case: church tried to prove private religious acts can have public benefit; case lost but could have won with other arguments - 2016, 177, 157
Gilmour v Coats (1949): court ruled contemplative nuns not charitable in law; can't prove value of prayer - 2016, 177, 157
governance in Catholic charities: canon law, role of laity & similarities to C. of E. structures - 2016, 176, 18
Gurdwara, internal dispute at, court can intervene if trustees breach their duties even if no dishonesty (case) - 2014, 172, 92
Hodgson Review of Charities Act 2006: proper resourcing of Charity Commission, raising threshold for registration, public benefit guidance - 2013, 170, 96
Humanism: history of, removal of charitable status in 1965 as not educational or religious, reinstated in 1980s for 'moral improvement of human race' - 2021, 187, 121
investment duties of trustees of - 1992, 112/113, 68
Jedi Temple rejected for charity registration as lacks the spiritual / non-secular element necessary to be a religion (case) - 2017, 178, 150
Jewish housing association can lawfully discriminate against non-Jews, otherwise charitable objectives undermined (case) - 2019, 182, 94; appeal by non-Jew dismissed (CA) - 2019, 183, 248
legal costs insurance preferable to using charitable funds for legal fees; Charity Commission could refuse to authorise payment - 2019, 182, 37
legal history of - 1995, 126/127, 72
limit to reliefs against tax on charitable donations, debate over - 2012, 168, 94
Mormon case over whether temple is 'public' worship for tax reasons - 2016, 177, 157
non-religious 'belief': defining this in charity law; demonstrating public benefit; ensuring no Article 14 discrimination - 2020, 185, 155
non-theist purposes not religious, whether charitable - 1981, 68/69, 60
Plymouth Brethren: Charity Commission would only register group if the trustees agreed doctrinal beliefs ensuring public benefit - 2017, 178, 57
Plymouth brethren case about whether enough public engagement to be registered as a charity - 2016, 177, 157
power of trustees to make gifts out of bequests -1971, 32, 115
Presbyterian Mutual Society failed, Presbyterian Church in Ireland allowed to use funds to aid rescue package (case) - 2011, 167, 116
property dispute between Russian Orthodox parishioners with allegiance to different Patriarchates, court won't divide assets, referred to charity commision (case) - 2010, 164, 95
public benefit: challenges in demonstrating for charities with purposes to advance religion; Gilmour v Coats revisited - 2016, 177, 157
public benefit?, do gifts for religious purposes have - 1997, 132/133, 63
public benefit, new guidance on meaning of - 2007, 159, 136
public benefit, new rules on, in applications for charitable status - 2005, 155, 100
public benefit, presumption of for religion and education in charity law: Government intention to end this in 2006 but Charity Commission guidance still not updated - 2021, 187, 121
public benefit for religious charitites, removal of presumption of; can charity commission lawfully question religious doctrine and practice? - 2017, 178, 57
public benefit for religious charities: was bar set too high? are beliefs judged?; recent cases more lenient towards contemplative practice - 2016, 177, 157
public benefit for religious charities no longer presumed; what evidence would show this benefit?; spirituality alone not enough (case law) - 2020, 185, 155
publication and distribution of religious works, whether charitable - 1974, 43, 82
religion: definition of, developed in case law - 2021, 187, 121
religious bodies qualifying as charities: should religion qualify or only if relieve poverty or educate? - 2021, 187, 93 and 121
religious charities: article 9 and 14 issues when Charity Commission deciding whether to register; are limits clear in guidance? - 2017, 178, 57
religious charities, deliberations on public benefit of: private Mass in a sense public?; indirect public benefit of prayer & edifying example? - 2016, 177, 157
religious communities (enclosed): whether ECHR Article 9 & 14 rights may aid gaining charitable status - 2016, 177, 157
religious disputes: the role of the secular courts - 2008, 160, 13
religious organisations: difficult for Charity Commission to justify refusing to register these as charities - 2017, 178, 57
religious status, whether conferring charitable status per se - 1990, 104/105, 5
religious trusts, approaches to resolving issues involving order and doctrine - 2006, 157, 29
religious trusts, law on resolving disputes about - 2006, 157, 29
Roman Catholic schools, trusts & trustees of - 1994, 120/121, 3
State neutrality between religious and non-religious beliefs mandated by EU law; implications for charity law - 2021, 187, 121
statutory definition of religion in charity law; widened from common law one - 2017, 178, 57
tax incentives for charitable giving: problems in regulating across EU - 2010, 165, 194
trustees can take into account whether certain investments conflict with their charitable purposes but must act proportionately & balance all relevant factors (case) - 2022, 189, 191
United Grand Lodge lost appeal for VAT exemption on supplies to members in return for subscriptions as no religious or major qualifying aim (case) - 2014, 172, 103
vicarious liability established in case of Jehovah's Witness raped by ministerial servant (case) - 2020, 184, 93
vicarious liability for C. of E. or R.C. charities if there is an agency relationship between charity and church - 2016, 176, 18
Australia
court ruled Church of Scientology is religious institution so exempt from payroll tax - 2017, 178, 57
Canada
Church congregation, as a voluntary association with Constitution, should abide by this when expelling members (case) - 2020, 184, 90
Germany
Lutheran reforms: denounced voluntary poverty (previously esteemed), & the church as an object and subject of charity; instituted local state welfare - 2017, 178, 6
Northern Ireland
charity registration confused by lack of amendments to statute law - 2011, 167, 80
Scotland
Catholic adoption agency failed charity test due to 'preferred criteria' disadvantaging same-sex and non-Catholic applicants (case) - 2013, 170, 142; appeal ruled the religious character of the agency should have engaged Article 9 and benefits weighed against disbenefits - 2014, 172, 99
Catholic adoption charity allowed indirect discrimination against same-sex couples due to charity's objects, proportionality & religious exemptions - 2016, 176, 18
Christian beliefs, Trust dismissed Chief Executive unfairly and discriminated against him due to (case) - 2021, 187, 180

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The Edmund Plowden Trust