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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
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 issues regarding - 1995, 126/127, 72
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
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 Bill 2005 - 2005, 155, 100
Charity Commission: how should public benefit of schools be assessed? - 2009, 163, 166
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 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 reform: brief update - 2008, 161, 111
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
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
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
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
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
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
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-theist purposes not religious, whether charitable - 1981, 68/69, 60
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 for religious charities: was bar set too high? are beliefs judged?; recent cases more lenient towards contemplative practice - 2016, 177, 157
publication and distribution of religious works, whether charitable - 1974, 43, 82
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 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
tax incentives for charitable giving: problems in regulating across EU - 2010, 165, 194
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 for C. of E. or R.C. charities if there is an agency relationship between charity and church - 2016, 176, 18
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

 

 

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