Still Standing? Cy-près and Charitable Service Users in the First-tier Tribunal (Charity)

Conveyancer and Property Lawyer, (2018) 82 Conv 262 – 279

21 Pages Posted: 30 Oct 2018

See all articles by Brett Crumley

Brett Crumley

The Liverpool Law School

John Picton

University of Liverpool

Date Written: October 1, 2018

Abstract

The core policy justifications for the establishment of a Charity Tribunal were to provide a new forum for redress and to develop the law. In order to achieve these goals, a steady flow of cases is needed. Appeals against decisions to alter the objects of a charity cy-près are normally brought by service-users, but the basis of their standing to bring such appeals is unclear and underdeveloped at law. This article assesses the nature of standing for service-users and argues for a broad and inclusive test which would encourage a wide range of people to bring cases.

Keywords: cy-pres, charity tribunal, charity tribunal first-tier, standing, locus standi, trusts, donor intention, community, community appeals

Suggested Citation

Crumley, Brett and Picton, John, Still Standing? Cy-près and Charitable Service Users in the First-tier Tribunal (Charity) (October 1, 2018). Conveyancer and Property Lawyer, (2018) 82 Conv 262 – 279. Available at SSRN: https://ssrn.com/abstract=3261864

Brett Crumley

The Liverpool Law School ( email )

Eleanor Rathbone Building
Bedford Street South
Liverpool, Merseyside L69 7ZA
United Kingdom
+44 (0)151 795 0582 (Phone)

HOME PAGE: http://https://www.liverpool.ac.uk/law/

John Picton (Contact Author)

University of Liverpool ( email )

Chatham Street
Liverpool, L69 7ZA
United Kingdom

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