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
Date Written: October 1, 2018
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
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