Chambers' expertise includes all forms of charities work, ranging from contentious issues such as whether or not an institution is a charity, school sites issues, and the prosecution and defence of breach of duty claims and associated professional negligence, to non-contentious advising on the creation and re-structuring of charities, the interpretation of charity constitutions and cy pres and administrative schemes.
William Henderson is recommended by the Legal 500 and Chambers and Partners for charities work. A number of other members of chambers are also more than competent to deal with charities work. For example:
Frank Hinks QC acted for the Armenian Patriarch in the Carapiet’s Trust case mentioned below.
Justin Higgo is involved in long running litigation in the Caribbean on charity issues.
William Henderson is Junior Counsel to the Treasury in charity matters. His charity cases include:
H.M. Attorney General v Trustees of the British Museum [2005] EWHC 1089 (Ch) (Sir Andrew Morritt V-C). Whether Attorney General had power to permit to the Museum to give back looted art acquired by it to the heirs of the persons from whom it was looted.
In the Matter of the Trusts of the X Charity [2003] EWHC 1462 (Ch) (Sir Andrew Morritt V-C). Whether Art 6.1 ECHR required judgment to be given in public on an application by charity trustees for the directions of the court in relation to pending proceedings.
Bath and North East Somerset DC v Attorney General [2002] EWHC 1623 [2002] WTLR 1257: Was the Bath Recreation Ground held on charitable trusts?
RSPCA v Attorney General [2002] 1 WLR 448: Validity of membership policy aimed at excluding supporters of hunting with dogs.
R (on the application of Heather) v Leonard Cheshire Foundation [2002] EWCA] (Civ) 366: In providing accommodation under arrangements with local authorities, was the Foundation performing a “public function” within the meaning of the Human Rights Act 1998?
Southwood v A-G [2000] WTLR 1199 (CA): Was a trust for the advancement of the education of the public in the subjects of militarism and disarmament charitable?
David Blayney's reported charities cases include:
Re Carapiet’s Trusts; Manoogian (Armenian Patriarch of Jerusalem) v Sonsino and Ors. [2002] EWHC 1304 (Ch) [2002] WTLR 1257: Was a gift for the education and advancement of Armenian children charitable?
Harwood v Harwood [2005] EWHC 3019: Validity and effect of a bequest of chattels of little or no artistic merit for a museum. Alternative cy pres application of residue.
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