Our work in relation to charities ranges from non-contentious advice and drafting as to the creation and structuring of charities, through applications to the Charity Commission or the court by charity trustees for advice or directions to hostile litigation in all cases both in England and abroad. Members of Chambers have acted for or advised the Attorney General, the Charity Commission, charity trustees, interim managers, and other interested parties. Few of the leading charity cases over the last 15 years do not feature one or more members of Serle Court.
The issues dealt with range from the high profile question of whether independent schools provide sufficient public benefit to justify their charitable status to questions of whether unusual provisions in wills or trusts create charitable gifts or are void and from issues as to the validity of elections of a charity’s committee to questions of whether a charity has complied with the special statutory requirements for the sale of land. Following appropriate advice many of the potential disputes involving wills are disposed of without the need for court proceedings, and many of the cases with which members of Chambers are involved are not only confidential but sensitive.
William Henderson and Jonathan Fowles are the co-editors of the leading textbook, Tudor on Charities, 11th Ed. (2022, Sweet & Maxwell) and the 1st Supplement to the 10th ed. (December 2018, Sweet & Maxwell). Both Will Henderson and Jonathan Fowles are recognised as leading practitioners in this area by Chambers & Partners and the Legal 500, and both have been speakers at the Charity Law Association Flagship Annual Conference.
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."
Mohammed v Daji:
Jonathan Fowles, led by Mark Sefton KC of Falcon Chambers and instructed by Mishcon de Reya LLP, acted for the successful claimants in Mohammed v Daji [2023] EWHC 2761 (Ch). The successful claim was to establish that a very substantial site at Abbey Mills in East London is held by the claimants on a charitable trust associated with a particular Sunni Muslim community in the London region. The judgment of HHJ Cadwallader, sitting as a Chancery Judge, is of significance for trusts and charities lawyers. In particular, the judgment sets out and applies the law relating to trusts established by charity appeals to a complicated factual history, and further develops the principle of delegated authority to declare charitable trusts in Attorney-General v Mathieson [1907] 2 Ch 383.
Please click here to read the judgment.
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:
Constance McDonnell QC was a junior counsel for the respondant in Illot v The Blue Cross [2017] UKSC 17, a landmark case in the Supreme Court and the first claim under the Inheritance (Provision for Family and Dependants) Act 1975 ever to be considered at that level. 7 Justices of the Supreme Court considered the criteria to be assessed in such claims, and their judgment in March 2017 attracted widespread national press headlines.
Please click here for the judgment.
Trust & Trustees:
'Making an exception: the general superintendence of all charitable uses' article by Jonathan Fowles
Welcome to SerleShare
SerleShare is an up-to-date digital marketing initiative that came to life in July 2020 when our Business Development and... Read More
Mohammed v Daji [2023] EWHC 2761 (Ch)
Jonathan Fowles, led by Mark Sefton KC of Falcon Chambers and instructed by Mishcon de Reya LLP, acted for the... Read More
Welcome to SerleShare
SerleShare is an up-to-date digital marketing initiative that came to life in July 2020 when our Business Development and... Read More
Mohammed v Daji [2023] EWHC 2761 (Ch)
Jonathan Fowles, led by Mark Sefton KC of Falcon Chambers and instructed by Mishcon de Reya LLP, acted for the... Read More