Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Charity definition

What does Charity mean? In practice, a charity is an organisation established solely for charitable purposes to deliver public benefit, with assets held for those purposes and supervised by the courts and charity regulators. Common forms include a trust, unincorporated association or company limited by guarantee (including CIO/SCIO). Surpluses cannot be distributed to members; funds must be applied to the purposes. Political activity is permitted only as ancillary. Status determines regulatory duties and eligibility for charity tax reliefs. England and Wales: Charities Act 2011, s 1, defines a charity as an institution established for charitable purposes only and subject to High Court control;...

Managing charity litigation costs in England and Wales: CPR principles, Attorney General and relators, trustee indemnities, Beddoe/Charity Commission authorisations, and First-tier Tribunal authorised costs orders

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Practice notes

costs

The expense of contested litigation in England and Wales can be substantial. Under the civil procedure rules 1998, there is a risk that the court will require one party-typically the unsuccessful side-to pay some or all of the other party or parties’ costs. Charities that are involved in, or thinking about becoming involved in, litigation face a series of interlinked considerations. This potential exposure to adverse costs can be a pivotal factor. Careful assessment is vital before taking any matter to court now.

Civil litigation cost rules in England and Wales The default position-subject to specific exceptions and the provisions of the Civil Procedure Rules 1998-is that the court has discretion over the costs of civil proceedings, whether or not a charity is a party. See Overviews: Principles of costs recovery-overview and Costs orders-overview (available subject to subscription).

Cost rules where the Attorney General and relators are concerned If the Attorney General must be joined to proceedings, the court must consider the nature of the claim and the character and circumstances in which the Attorney General appears and, exercising its discretion, may order any other party to pay the Attorney General’s costs whatever the outcome. However, the Crown is not...

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Adam Carvalho

Adam Carvalho has more than 15 years' experience as a contentious Private Client lawyer. Most recently, he was a Legal Director in the Contentious Trusts and Probate Team at Myerson, where he worked on complex and high-value contentious trust and probate matters.Adam trained, qualified and worked as a senior associate and partner in a central London firm in the Tier 1 nationally for Contentious Trust and Probate work.Adam has considerable experience of ultra-high value litigation, cross-jurisdictional matters and disputes in non-UK courts. Adam has litigated in the Supreme Court, Court of Appeal, and advised in relation to complex matters in courts from Bermuda to New Zealand. Adam is known for his constructive, pragmatic advice, his down to earth approach, and his technical knowledge. Adam is a firm believer in focusing on the main issues and providing sound and accessible advice....

Web page updated on 27/05/2026

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