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Charities & Not for Profit

Recent Case Studies

Care Homes

Sale of residential care homes as a going concern

Acted for a religious order in the consolidation of their charitable business and the sale of a number of their nursing and residential care homes across the United Kingdom. The transactions were principally property related with the usual attempted wrangles over price, unregistered title, rights of way and planning issues. However as much of a concern for the client was to ensure that the homes continued to care for the current residents after each property had been transferred to its new owner. In every instance the team succeeded in protecting the price, limiting and in many areas excluding liability from the client, and, in transferring the business, preserving the business for the benefit of the staff and the residents for the foreseeable future.

Medical Research and Education

The charitable alliance

Advised an established charity on the incorporation and set up of a new and exciting charitable alliance between the leading organisations in their field for the advancement of medical research and education. In addition to advising on the constitution, the make up of the management and liability of the trustees, the requirements and levels of members and the application to the Charity Commission, the team were involved with arranging the funding of the purchase of a property to house the new charity, employment of staff and service contracts to run the new charity, advising on the regulations governing initial fund raising and protecting the intellectual property.

Children’s Charity

Charity Start Up

Advised on the set up of a new foundation for disadvantaged children making use of part of the property belonging to a wealthy family to include a rather complicated legal structure for tenancy of the property, the introduction of a commercial arm to assist in the financing of the new charity and advising on succession planning for the family and the foundation.

19th Century Charities

Charitable Housekeeping

Advised on a major scheme involving a number of 19th century charities, whose administrative processes needed updating. In addition to constitutional advice reviewed their existing contracts of employment and staff handbook, updated their employment documents to bring them in line with current legislation and created new policies to assist with developing good employment relations within the charity.

Religious Charities

Employment

Advised a registered charity on a relocation exercise which was necessary to meet the business needs of the organisation. The advice primarily related to employment law matters and also to advising the client of their obligations as a charity. Guided the client through the appropriate consultation and redundancy procedures alerting them to matters which needed to be addressed with the employees in consequence of the move. Following the relocation also advised the client with updating their existing staff handbook.

Religious Charities

Property Development

Acted for a Catholic Diocese in the grant of a building lease to another major Catholic charity and the grant of a further lease of rooms in the adjoining Diocesan building on the basis of shared occupation. The transaction, which was complicated because of the nature of the property affected, involved a conditional agreement for lease, and in addition to the building lease, the lease for the shared use of rooms and the grant of a reversionary lease to take effect when the initial lease came to an end. The grant of the building lease also included advising on the Diocese on entering into a planning agreement as owner of the freehold and negotiating with the local authority on amendments to that agreement.

Religious Charity

Limitation of actions

Acted for a charity in defence of proceedings brought by a victim of alleged historic abuse suffered at a home run by the charity. The claim was struck out on the basis of limitation and the legally aided claimant appealed to the Court of Appeal and then to the House of Lords. The appeals were rejected on the basis that the claim was irredeemably statute barred. The case established that the Court had no jurisdiction under the Limitation Act 1980 to extend the time for bringing a claim where the cause of action accrued before June 1954. This was the date when the Law Reform (Limitation of Actions, etc) Act 1954 came into effect, bringing in a uniform limitation period of three years for personal injury actions.