Withers LLP

Background
Charities are core clients for Withers LLP. We have a substantial charities practice, ranging from ‘household name’ charities operating here and abroad to grant making trusts. We aim to offer legal advice which is constructive and practical. We believe in getting to know our clients, so that we can work effectively as a team and offer value for money. We have extensive experience in this area and work regularly with regulators including the Charity Commission, Inland Revenue, Privy Council, Housing Corporation, FSA and central governmental department(s). We are used to advising on media-sensitive issues.

Services offered
We offer a comprehensive range of services through our three divisions:

Operational

• establishment of all types of charity and amendments to constitutions
• charity trustees' duties, responsibilities and conflicts; terms and conditions of grants
• schemes, amalgamations and mergers; advice on potential breaches of trust and mitigation
• negotiations with the Charity Commission, Privy Council and other regulators
• trading and fundraising arrangements
• projects involving charities and: other charities, commercial third parties and local authorities, including related applications for National Lottery funding
• property transactions/issues
• employment issues
• intellectual property rights and the protection/exploitation of such rights

Contentious

• contested legacies
• legacy fundraising
• chancery litigation and charity proceedings

Philanthropy

• tax-efficient structuring of gifts to charities and appeal vehicles
• sponsorship of Academies
• US/UK cross border giving and dual qualified charity structures

Charities team
We have a team of 30 lawyers focused on this sector. Key players include the following:
Alison Paines is a principal* and the head of Withers’ Charities Group and a recognised expert in this field. Her work covers all aspects of charity and related tax and trust law – including constitutional and fiscal matters. She is particularly well-known for her expertise on medical and NHS charities and charities associated with central government. She is Deputy Chairman of the Charity Law Association.
Clive Cutbill is a consultant* in the Charities Group who specialises in advising on charities’ operations and issues relating to tax efficient charitable giving, often in a commercial context. He also has particular expertise in the application of the law relating to money laundering and terrorist financing and its application to charities’ operations.
Richard Cassell is a principal* in the Charities Group, specialising in US / UK advice for charities and foundations. He speaks and writes regularly on cross border charitable gifts and structures and philanthropy, is a member of the STEP International Committee and a member of the European Association for Planned Giving Advisory Board.
Chris Priestley is a principal* in the Charities Group and specialises in corporate, fund-raising and governance issues for charities and other not-for-profit bodies. His work recently has involved public/private sector projects including advising on the establishment of four privately sponsored Academies.
Paul Hewitt is a principal* with a leading reputation advising charities on legacy fundraising, legacy administration and Court of Protection issues, acting for the majority of the country’s major national charities. He is responsible for the legal update in the Institute of Legacy Management’s bi-monthly newsletter and is the author of the chapter on legacies in Tolley’s ‘Charities Manual’.
* Principal is the LLP equivalent of partner.