Charity proceedings meaning

What was the background? Six prominent landlords — ARC, Cadogan & Grosvenor, Abacus, Wallace, John Lyon’s Charity and Portal Trust — commenced judicial review proceedings, alleging that three elements of the LFRA 2024 infringe A1P1 of the European Convention on Human Rights. The dispute focused on leasehold enfranchisement: the statutory mechanism by which long leaseholders may purchase the freehold or extend their lease, devised to remedy the ‘wasting asset problem’, whereby leaseholds lose value as the term shortens despite tenants having paid sizeable premiums and ongoing maintenance charges. The impugned provisions were: a ceiling on ground rent set at 0.1% of the freehold vacant possession value for the purposes of enfranchisement calculations; the elimination of marriage value from enfranchisement premiums by proceeding on the basis that the tenant is not seeking to acquire the freehold; and the removal of tenants’ responsibility for landlords’ non-litigation costs in enfranchisement claims. It was agreed between the parties that these reforms would markedly reduce the...

McGann v Eldonian Community Trust Ltd [2025] EWHC 3103 (Ch) What are the practical implications of this case? This ruling distils several concrete lessons for those dealing with charity governance, disputed liabilities, and the deployment of winding-up petitions. To begin with, the court stressed that a creditor’s locus is tightly policed: a petitioner must evidence a debt that is either unchallenged or incapable of sensible dispute. If governance defects, dubious paperwork, or uncertainties about authority surround the claim, the court will readily conclude there is a bona fide dispute on substantial grounds. That stance makes clear winding-up petition is not a lever for pressure where the liability is itself arguable. Next, the judgment spotlights the perils of informal or flawed governance in companies limited by guarantee. Omitting AGMs, failing to keep accurate membership lists, or not appointing trustees lawfully can seriously muddy issues of authority—for example, whether directors properly instructed advisers or authorised repayment. Further, the court’s response to the altered invoice shows that documentary irregularities—even if not determinative—gravely...

In this issue: Social care Social housing Education Planning Governance Healthcare Children’s social care Licensing Local government finance Daily and weekly news alerts New and updated content New Q&As Social care Court of Protection authorises high-risk surgery and post-operative mechanical ventilation in intensive care for young adult lacking capacity (RS, Re (Best Interests: Surgery and Intensive Care)) In GH v RS (by his litigation friend, the Official Solicitor) and others, the Court of Protection sanctioned high-risk spinal surgery with planned prolonged elective ventilation for an 18-year-old who lacked capacity, finding the treatment to be in his best interests under the Mental Capacity Act 2005. Applying Aintree University Hospitals NHS Foundation Trust v James, Mr Justice Poole balanced serious intra- and post-operative hazards against meaningful gains in mobility, comfort, and life expectancy. The ruling emphasises the court’s responsibility to resolve finely poised medical treatment choices on an objective basis, providing reassurance to...

ARCHIVED This tracker is archived and is not being updated. It gathers significant pensions judgments from 2022, arranged by topic. The entries are organised by subject, with the topics listed in the Table of Contents on the left-hand side. Construction of scheme rules-revaluation De La Rue plc v De La Rue Pension Trustee Ltd Case information Full name: (1) De La Rue Plc (2) De La Rue Holdings Ltd (3) De La Rue International Ltd v (1) De La Rue Pension Trustee Ltd (2) Mark Crickett Citation: [2022] EWHC 48 (Ch), [2022] All ER (D) 50 (Jan) Court: High Court Judgment date: 14 January 2022 (hearing dates 15–16 December 2021) Representation: Keith Rowley QC and Elizabeth Ovey (instructed by Hogan Lovells International LLP) for the Claimants Henry Day (instructed by Hogan Lovells International LLP) for the First Defendant Andrew Mold QC (instructed by Osborne Clarke LLP) for the Second Defendant ...

Who has jurisdiction in respect of charities? The Crown, in its role as parens patriae, has the principal authority over the application of charitable assets, exercised through the Attorney General, although this authority has been widely devolved over time and in practice. The High Court retains inherent jurisdiction regarding charitable matters, as explained below in outline only. While this note addresses only the court’s jurisdiction, it should also be noted that: the Charity Commission exercises jurisdiction concurrent with the High Court for various purposes the First-tier Tribunal (Charity) may review a limited category of Charity Commission decisions and hear appeals against many others, with the Upper Tribunal determining appeals from the First-tier Tribunal for certain charities, jurisdiction may additionally be exercised by Visitors Jurisdiction of the court The court’s inherent jurisdiction in relation to charity is exercised in the High Court within the Chancery Division, as a matter of course. Charity proceedings are ordinarily heard in the Business and Property...

What are conservation covenants? In essence, conservation covenants are voluntary, private undertakings between a landholder and a responsible organisation or body, for example a conservation charity or a public authority. Their purpose is to safeguard the natural environment and heritage assets for the benefit of the public at large. They stipulate duties tied to the land itself and bind present and future owners, offering the prospect of enduring conservation outcomes and benefits. A common illustration is a farmer committing to manage a woodland and permit public access, with oversight by a local woodland charity or similar body. They are viewed as complementing statutory or policy-led designations—such as Sites of Special Scientific Interest or National Parks—by enabling the private protection of land with conservation merit that sits outside the public designation regime. Part 7 of the Environment Act 2021 (EA 2021) addresses conservation covenants directly. The Department for Environment, Food & Rural Affairs (Defra) has issued guidance on obtaining and using a conservation covenant agreement (the Defra Guidance). Conservation...

An unincorporated charity lacks its own separate legal personality and, in practical and legal terms, does not exist as a distinct body that can enter contracts or own property. Consequently, any property is held and any legal dealings are undertaken solely through, and in the names of, its trustees. Under section 117 of the Charities Act 2011 (CA 2011), ‘charity trustees’ are those who exercise overall control and manage the charity’s administration. Trustees of a charity ought to be recorded with the Charities Commission; however, this does not invariably happen, particularly in the case of smaller charities operating with a rotating board. The identity of the trustees will ordinarily be established by reference to the charity’s charitable articles...