Chambers UK 2021

William Henderson: "Brilliant at spotting things or drawing things out that you weren't aware of, he has depth of knowledge and experience that is truly impressive.  He's excellent for technically difficult matters and is familiar with the more esoteric aspects of charities law." "Will Henderson is outstanding, particularly in court."

Jonathan Fowles: "He is incredibly knowledgeable about charity matters generally, gives very good practical advice and is a terribly likeable man." "His advice is clear and pragmatic on complex issues and he is a pleasure to instruct and work with."

Legal 500 2021

William Henderson: "Veteran Chancery bar experience and insight, and so, so bright. The person to go to when you get stuck, the problem looks impossible to unravel, capable of making sense of the most impenetrable nonsense."

Jonathan Fowles: "For his intellectual rigour and incredible responsiveness – he is affable and pragmatic and is a very creative and innovative thinker who finds solutions."

Nuffield Health v Merton :

On 27 May 2022, The Supreme Court granted permission to appeal to the London Borough of Merton Council from the decision of the Court of Appeal in Nuffield Health v Merton [2022] Ch 1.

The case is concerned with eligibility for mandatory relief for charities from non-domestic rates, and in particular the question whether for premises to be eligible for relief they must be used for the public benefit as that concept has been developed in charity law.

Jonathan Fowles acts for the London Borough of Merton, together with James Goudie QC of 11KBW and Cain Ormondroyd of FTB.

To read about the Court of Appeal's judgment, please click here.

Re Keeping Kids Company; Official Receiver v Atkinson [2020] EWHC 2839 (Ch):

Gareth Tilley acted as junior counsel for the Official Receiver in Re Keeping Kids Company; Official Receiver v Atkinson, the disqualification proceedings arising from the collapse of the charity Kids Company. These are believed to be the first-ever proceedings for disqualification of charity trustees as company directors and they raise questions about the standard to be applied to unpaid trustee directors, whether a remunerated charity CEO can or ought to be classified as a de facto company director, and what degree of latitude the trustee directors have in relation to the pursuit of charitable objects when the company is of doubtful solvency.

Please see here for the judgment.

Children’s Investment Fund Foundation (UK) v Attorney General [2020] UKSC 33:

In Children’s Investment Fund Foundation (UK) v Attorney General [2020] UKSC 33, the Claimant charitable company had agreed to make a grant of US$360m to another English charity conditionally on the approval of the court. The payment of the grant required the approval of the members under section 217 Companies Act 2006. The Supreme Court held that the members owed fiduciary duties and that the court had an exceptional jurisdiction to order them how to vote, even if they had not and were not threatening to vote in breach of duty. The majority of the Supreme Court also held that by reason of the High Court having, on the directors’ surrender of discretion, held that it was in the best interests of the charity for the grant to be paid; the members, who were parties to that decision were bound by it and, absent a substantial change in circumstances were bound to vote in favour of it, even if, but for the judicial decision, they could reasonably have voted against it. Will Henderson acted for the charitable company.

Please click here to view the judgment. 

Nuffield Health v London Borough of Merton:

Jonathan Fowles acted with Cain Ormondroyd (Francis Taylor Building) for Merton Council in defending a claim to establish charitable exemption from non-domestic rates for one of Nuffield Health’s fitness and wellbeing centres. The claim succeeded, but the Court of Appeal has given Merton permission to appeal. The case raises important issues about the charitable exemption and the public benefit test in charity law.

Please click here for the most recent judgment.

Illot v The Blue Cross [2017] UKSC 17:

Trust & Trustees:

'Making an exception: the general superintendence of all charitable uses' article by Jonathan Fowles