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09 December 2016 / Giselle Davies , Bethan Walsh , Giselle Davies
Issue: 7726 / Categories: Features , Charities
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​Great expectations

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Giselle Davies & Bethan Walsh outline what to expect from the Law Commission’s recent consultation on charity law

  • An analysis of the Law Commission Supplementary Consultation on Technical Issues in Charity Law.

The Law Commission recently entered into supplementary consultation on two further technical points where reforms are proposed after these were raised by respondents during its Consultation on Technical Issues in Charity Law last year.

The first proposal would allow unincorporated charities to change their purposes in the same way as corporate charities do. The second proposal would make it easier for incorporated charities to achieve “trust corporation” status.

Unincorporated & incorporated charities

“Charity” is a status rather than a legal structure. Legal structures fall into one of two categories; unincorporated (such as Trusts and Associations) and incorporated (such as companies, charitable incorporated organisations (CIOs) and community benefit societies).

An unincorporated charity has no legal personality separate from its trustees so the trustees must enter into contracts personally on behalf of the charity and this raises issues of personal liability

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Bellevue Law—Lianne Craig

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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