Charity Proceedings and Trustee Disputes

Disputes involving charities and trustees can be complex, sensitive, and time critical. Whether you're dealing with a disagreement between trustees, uncertainty over the interpretation of your governing documents, or an investigation by the Charity Commission, it’s important to have clear and practical advice from the outset. Our experienced team can help you understand your position, manage risk, and find the most effective way forward, whilst protecting the interests and reputation of your charity.

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Governance documents

The first port of call in any charity or trustee dispute is to consider the content of the documents governing the operation of the charity. We will work with you to review and interpret the governance documents and advise you on their scope.

Trustee duties

Charity trustees have important legal responsibilities. These duties include, acting in the charity’s best interests, managing its resources responsibly, and exercising reasonable skill and care when making decisions. If concerns arise about how those duties have been carried out, we can support you conduct an internal investigation and consider the regulatory aspect of any potential breaches.

The Charity Commission

The Charity Commission has extensive powers to investigate concerns about the way a charity is managed and governed. In some cases, this can include requesting information, opening a statutory inquiry or taking regulatory action against the charity or its trustees. We can support with you any regulatory action taken by The Charity Commission and expertly guide you through to reach a satisfactory outcome.

Litigation against third parties

Not every dispute involving a charity relates to its trustees or internal governance. Your charity may find itself in a disagreement with a third party that affects its operations, finances, or reputation. Whatever the nature of the dispute, we’ll work closely with you to understand your objectives and pursue a practical resolution.

Alternative dispute resolution

Charity trustees have a duty to manage resources responsibly, which means considering the most cost-effective way to resolve a dispute. Reputation is an important consideration for charities, so in many cases, reaching an agreement through negotiation, or another form of alternative dispute resolution may be more suitable. We will advise you on suitable methods to explore and work with you to implement a settlement strategy.

Questions we’re often asked

Does a charity need the permission of The Charity Commission to issue proceedings?

It depends on the nature of the litigation. If the dispute concerns the internal administration or domestic affairs of the charity, then yes. If a dispute relates to an unconnected matter such as a claim of breach of contract against a third party for a service supplied to the charity, it is unlikely consent will be needed.

Can a trustee of a charity be sued personally?

Yes, a trustee of a charity can be liable personally both to the charity for breaches of their obligations and also to third parties in certain circumstances. If you are facing action, we can support you through it.

Can a trustee be removed and, if so, how?

Yes a trustee can be removed. The charity’s governing document will likely contain specific provisions relating to the process and grounds for removal of trustees. Advice should be sought at an early stage if you are considering removing a trustee. The Charity Commission and the court also have powers to remove a trustee.

Trusted by organisations, families and professionals across the UK
Thank you to Danielle for all her effort during this process, obviously not one I wanted to be in, but Danielle has made it a much clearer and less stressful one.
Commercial Dispute Resolution Client
Trusted by organisations, families and professionals across the UK
Just wanted to say that Danielle's helpfulness, generosity of time, and straightforward way of discussing things so far have already been really refreshing regarding this awkward process. It is really appreciated.
Commercial Dispute Resolution Client
Trusted by organisations, families and professionals across the UK
Paula was brilliant throughout, providing help, support and advice during an incredibly long and drawn-out situation that should never have reached that point in the first place. I’m truly grateful for everything she did.
Commercial Dispute Resolution Client
Trusted by organisations, families and professionals across the UK
I was impressed by the team at Black Solicitors LLP. Every member of staff I dealt with was pleasant and professional, demonstrating a clear commitment to helping me rather than just driving up costs.
Blacks Client
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My first time using blacks, I've used a few solicitors over time, working with team at Blacks has been effortless and efficient, I would be happy to recommend and use again.
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It’s clear that client care and hospitality are taken seriously here. I would highly recommend Blacks to anyone looking for a professional, welcoming and experienced legal firm.
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Very impressed with their experience from start to finish. The legal team were exceptionally friendly, welcoming, and professional throughout. The security staff were particularly polite and approachable, making visitors feel comfortable as soon as they arrived.
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There are two stand-out individuals I feel it is necessary to mention. I have had the pleasure of working with both Andrew Morgan and Darren Morgan as part of the legal team on a recent trial. It has been clear throughout my time working with them that the client feels entirely at ease with each of them – they are trusted and have a way of ensuring the clie
Commercial Dispute Resolution Client
Trusted by organisations, families and professionals across the UK
Luke Patel is highly experienced in a range of disputes, often property-related. Darren Morgan brings a very calm air to matters, such that clients have great confidence in his unruffled manner. Yat Wong is particularly experienced in professional negligence matters. Aimee Hutchinson has a wide range of experience including in judicial review matters arising
Commercial Dispute Resolution Client
Trusted by organisations, families and professionals across the UK
Luke Patel is stand out. Very ‘savvy’. Sound judgment. On top of the issues. Deploys commercial outlook. Excellent client dealing skills.
Commercial Dispute Resolution Client

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