News Review - In the Courts
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Catholic Care awaits leave to appeal to Upper TribunalCatholic Care (Diocese of Leeds) has appealed the refusal of the First Tier Tribunal (Charity) of permission to appeal against the decision of the Charity Commission on 21 July 2010 to amend the objects clause in its memorandum of association. Latest issue |
New EAT case updates TUPE rules for service provisionThe EAT has now given useful guidance as to the principles surrounding service provision changes in the case of Enterprise Management Services Ltd v Connect-Up Ltd [2011 Latest issue |
Sex offence disclosure breaches human rights‘H’ and ‘L’, a severely disabled married couple, received weekly payments from their local authority for adult social care which were used to pay for personal care assistants. July 2011 |
Paid 'volunteer' not covered by discrimination lawThe Employment Appeal Tribunal (EAT) has upheld a tribunal's decision that a paid volunteer instructor of army cadets did not have a “contract personally to do any work” and therefore was not covered by discrimination law. June 2011 |
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Animal charities lose out in Court of AppealThree animal charities face likely reductions in their shares of a legacy because of the legal action of the legator’s estranged daughter. May 2011 |
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Courts say no to nun's pensionThe Court of Appeal has held that Sister Isobel Mary Scott, a nun from the English Benedictine Order of Oulton Abbey near Stone, Staffordshire is not entitled to a means-tested state pension. April 2011 |
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Village green stays a charity – for nowThe Charity Tribunal has overruled a decision by the Charity Commission allowing the appeal of Christopher Lasper removing ‘The Town Field’ charity from the Commission’s register. March 2011 |
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The winning performanceStephen Winning was an employee of Scottish Opera Ltd as a technician/driver and part of his job involved driving vehicles requiring an HGV licence. February 2011 |
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RSPCA loses in the Court of AppealAt the beginning of December, the Court of Appeal decided the long-running case of RSPCA v Gill, finding for the deceased’s daughter, Dr Gill. Reasons for the decision were reserved and were not given at the time of going to press. January 2011 |
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Insolvency Act can't wind up charitiesA religious charity, Gilbert Deya Ministries, was successful in restraining a winding up petition made by the Kashmir Broadcasting Corporation Limited because of an alleged debt that had arisen for a contract for provision of a satellite TV channel.
December 2010 |
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Eviction of council tenants breaches human rightsThe decision by the European Court of Human Rights on 21 September 2010 in the case of Kay and Others v The United Kingdom means that some occupants of social housing may now be offered greater protection from eviction. November 2010 |
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Social housing providers must consider tenant circumstances when seeking to evictThe decision by the European Court of Human Rights on 21 September 2010 in the case of Kay and Others v The United Kingdom means that some social housing tenants may now be offered a greater protection from eviction. October 2010 |
The removal of uncollected charity shop goods is theftA criminal judicial review test case was heard in the High Court on 14 July to determine whether removing donated goods outside a charity shop was in fact a crime of theft. October 2010 |
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Defunct church misses out on legacyPamela Schroder was a devotee and the only minister of the 'Church of the Good Shepherd’, which seems to have been a breakaway sect from the Roman Catholic Church. September 2010 |
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Community loses village hall after £1m legal battleThe Breedon on the Hill Community Association (BOTHCA) has lost its multi-million pound battle with the Leicester County Council (LCC) over the use of a village hall attached to St Hardulph’s Primary School. August 2010 |
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A runaway train?A disagreement between two active members of the 6024 Preservation Society Limited, a charity established in 1963 to purchase, restore and operate the ex-Great Western Railway steam locomotive, King Edward I, has resulted in a libel action. July 2010 |
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Catholic archdiocese held vicariously liable for sexual abuseA claim made by a man with learning difficulties that he was sexually abused by a Catholic priest when he was a young boy has been upheld by the Court of Appeal May 2010 |
Catholic Care wins gay adoption challengeCatholic Care, the charity providing adoption services to the Catholic Community... March 2010 |
RSPCA criticised by high court judge for litigationOn 5 February, Judge James Allen ordered the charity to pay most of the £1.3m legal costs... March 2010 |
Schools admissions policy found unlawfulDiscrimination law and charity custom and practice came head to head when... February 2010 |
