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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to review a number of recent cases in which charities have been involved. It addresses the risks for charities getting involved in litigation generally and looks at some examples of where charities have run into difficulty in probate disputes including the recent case of Ilott v Mitson and the RSPCA’s role in the cases of Gill and Sharp. The podcast then goes on to discuss the extent to which religious charities can discriminate and looks forward to some 2011 litigation on official guidance setting out the public benefit requirements of fee paying schools.

After completing the course you will:
  • Understand the special risks charities run when embarking upon litigation;
  • Understand the facts of Ilott, Sharp and Gill and what the cases tell us about the approach of the courts to charities becoming involved in estate litigation;
  • Know the lessons that these cases teach us;
  • Understand the facts and of the Catholic Care litigation and why it is important for a number of religious charities;
  • Be aware of the arguments and issues in assessing the public benefit of fee charging charities – particularly those fee paying schools who no longer benefit from the presumption of public benefit.
General Interest Difficulty: 2 of 5
Case Update
Sources and References:
  • Ilott v Mitson & Ors [2011] EWCA Civ 346;
  • Inheritance (Provisions for Family and Dependants) Act 1975;
  • Hope and another v Knight - [2011] All ER (D) 81;
  • RSPCA v Sharp [2010] EWCA Civ 1474;
  • Gill v Woodall [2010] EWCA Civ 1430;
  • Thorner v Major & Ors [2009] UKHL 18;
  • Catholic Care (Diocese of Leeds) v the Charity Commission for England and Wales and the Equality and Human Rights Commission [2011] (CA/2010/0007).

This podcast with charity law specialist Francesca Quint of Radcliffe Chambers discusses some recent litigation in which charities have been involved. It addresses recent cases involving claims to an estate by adult children, some recent high profile RSPCA cases, discrimination and current litigation concerning the public benefit status of fee paying schools.

Podcast added: 13/07/11

Podcast last reviewed: 2011-07-13

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