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TRUSTEES
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adoption agencies (Catholic) & equality legislation: problems with acceptance of terms incompatible with Catholic teaching - 2008, 161, 98
Anglicans moving en masse to Catholic Church can cause issues with no right to take property & trustee conflict of interest - 2016, 176, 18
Buckfast Abbey School, legal challenge to the closure of - 1998,
136/137, 58
Celestial Church of Christ (a charity), dismissal of Pastor upheld; Parochial Committee had power to dismiss and thus remove as trustee (case) - 2017, 178, 127
challenge to doctrinal requirements of Sikh charity, Charity Commission decision not to authorise proceedings upheld (case) - 2012, 169, 287
charitable trusts, investment duties of trustees - 1992, 112/113,
68
charities, examples of Catholic ones that have been in conflict with the Church on doctrinal issues - 2016, 176, 18
Charity Commission can authorise trustees to setle legal claims or ex gratia payments with charitable funds - 2019, 182, 37
Charity Commissioners can authorise proceedings without consulting
trustees - 1998, 136/137, 58
church property: small denomination split into factions, needs to appoint trustees of properties to ensure original purposes of charitable gift - 2010, 165, 237; trustees breached trust, must promote both congregations not just one (case) - 2011, 167, 123
development of equitable remedies & trusts - 2003, 150,
10
complexity of Roman Catholic Church structures can mean litigants struggle to pinpoint which is liable - 2019, 182, 37
definition of 'fit and proper person' by HMRC - 2010, 165, 194
Diocesan trustees held vicariously liable for child-abusing priest - 2012, 168, 125
duty of care must try to protect charity assets (or could be liable); may conflict with moral need to settle claim - 2019, 182, 37
gifts and trusts: distinction can affect legal enforceability
of religious giving (Nineteenth Century England) - 2006, 157,
17
governance in Catholic charities: canon law, role of laity & similarities to C. of E. structures - 2016, 176, 18
Gurdwara, internal dispute at, court can intervene if trustees breach their duties even if no dishonesty (case) - 2014, 172, 92
investment powers and duty to maximise financial benefits -
1990, 106/107, 60
legal costs insurance preferable to using charitable funds for legal fees; Charity Commission could refuse to authorise payment - 2019, 182, 37
morality of investment policies - 1990, 106/107, 3
non-employee, vicarious liability for sexual abuse upheld against Jehovah's witnesses (case) - 2015, 175, 266
Plymouth Brethren: Charity Commission would only register group if the trustees agreed doctrinal beliefs ensuring public benefit - 2017, 178, 57
potential liabilities could discourage trustees - 2019, 182, 37
power to make gifts out of bequests - 1971, 32, 115
religious trusts, approaches to resolving issues involving order
and doctrine - 2006, 157, 29
role of trustees in Baptist Union of Great Britain & relationship with Council - 2012, 168, 5
schools, roles & functions of trustees in Catholic maintained
schools - 1994, 120/121, 3
Sikh gurdwaras (two), trusteeship and governance of, court reluctant
to rule on religious doctrine: non-justiciability so case stayed (case)
- 2012, 169, 275; court unwilling to rule or allow appeal on questions
of doctrine - 2013, 170, 143; can rule on legal issues that depend on religious issues - 2014, 173, 237
trustees can take into account whether certain investments conflict with their charitable purposes but must act proportionately & balance all relevant factors (case) - 2022, 189, 191
Scotland
Christian beliefs, Trust dismissed Chief Executive unfairly and discriminated against him due to (case) - 2021, 187, 180
sexual abuse of child (historical) at Benedictine boarding school in 1970s; limitation period disapplied for personal injury claim as further proof required to determine trustee vicarious liability (case) - 2022, 188, 83
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Published by:
The Edmund Plowden Trust
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