Lëhtimaki v Cooper: Duty and Jurisdiction in Charity Law

(2021) 84 Modern Law Review 383

9 Pages Posted: 8 Apr 2021

Date Written: March 02, 2021

Abstract

Lëhtimaki v Cooper is a significant Supreme Court decision which establishes that the members of charitable companies are in a fiduciary relationship with respect to the purposes of their organisation. Its core principles have the potential to impact on a very large number of people in the voluntary sector. This note critically assesses the nature and scope of the new fiduciary relationship. In the light of the fact that the majority of new charities are founded as charitable incorporated organisations, the note also criticises the narrow focus on charitable companies taken in the case. Finally, it analyses the expansion in jurisdiction in the decision. The case is notable for bringing companies within the courts’ traditional, and powerful, jurisdiction over trusts.

Keywords: charitable company, trustee, charity, charity members

Suggested Citation

Picton, John, Lëhtimaki v Cooper: Duty and Jurisdiction in Charity Law (March 02, 2021). (2021) 84 Modern Law Review 383, Available at SSRN: https://ssrn.com/abstract=3810115 or http://dx.doi.org/10.2139/ssrn.3810115

John Picton (Contact Author)

University of Liverpool ( email )

Chatham Street
Liverpool, L69 7ZA
United Kingdom

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