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24 January 2008 / Nicholas Hancox
Issue: 7305 / Categories: Features , Local government , Public , Community care
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An education in charity

Where’s the public benefit of subsidising the education of wealthy children? Asks Nicholas Hancox

The advancement of education has been recognised in statute as a charitable activity since the Statute of Charitable Uses 1601. The Charities Act 2006 (ChaA 2006) is the current incarnation of the 1601 law and what is new in the Act is the public benefit test (expected to be in force in March 2008) under which the “advancement of education” may fail to retain its charitable status if it produces insufficient public benefit as that term is defined, not in ChaA 2006, but at common law. The Charity Commission is expressly charged with a duty to draw attention to the operation of the new public benefit test (ChaA 2006, s 7, prospectively inserting a new s 1B into the Charities Act 1993) and the commission has started already, issuing a full-scale consultation document, Draft Public Benefit Guidance, last year and the first tranche of official guidance, Charities and Public Benefit, earlier this month. More guidance will be issued (after consultation) later in 2008 on charities which

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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