Our charity lawyers explore the Charity Commission's inquiry into EVF following the collapse of FTX Trading and share three key governance lessons for charities.
Read moreCharity Internal Disputes & Litigation
Our charity lawyers and litigators navigate all types of disagreements, disputes and litigation for third sector organisations.
Talk to usIn this section
With so much at stake for third sector organisations, it should come as no surprise that the passion of those involved in governing can lead to disagreements and disputes among charity trustees, boards and the memberships they represent — or even other stakeholders with an interest in the organisation’s activities.
While particular types of organisation may be more likely to experience a significant dispute, all VCSE organisations are potential battlegrounds between competing views and factions (perhaps best reflected in the case of the Actors’ Benevolent Fund).
The escalation of a disagreement into an outright dispute can be significantly damaging to a charity’s reputation — often costing public support. Despite the fact that the Charity Commission prefers to take a neutral view on internal disputes — encouraging trustees to find solutions themselves — it’s often drawn into such matters. This can lead to significant consequences that dwarf the rationale behind the original dispute.
Internal disputes are always best handled behind closed doors and resolved as amicably as possible. However, we know all too well that disputes can escalate, leading to various forms of manoeuvring by the parties involved — such as seeking to remove individuals or groups from their roles within the organisation.
Your chances of a positive outcome therefore depend on receiving correct, robust legal advice from experts who’ve been there before.
Specialists in charity disputes
Our charity law and governance specialists are often instructed in dispute cases.
You may find yourself with real operational challenges, like the loss of control over your bank accounts and other assets, memberships being fractured and significant reputational damage.
That’s where we come in. We’ve experienced first-hand the challenges and pitfalls that disputes can entail. We recognise the issues that lead to them, understand the tactics on both sides and can identify the strengths and weaknesses in all positions. We provide straightforward, realistic advice on the likely path of a dispute to identify the right solutions and prospects of success, while ensuring that those involved remain focused on their duties and responsibilities.
Expert litigators for charities
The nature of the work undertaken by many charities and other third sector organisations can mean a high risk of litigation. In some cases, charities are subject to specific rules that require engagement with the Charity Commission to protect themselves and their trustees.
Our full-service team can support your organisation with any threatened or actual litigation — achieving a settlement or, if appropriate, running cases all the way to the courts. Our litigators have strong track records. Whatever you face, we can resolve the matter as quickly and cost effectively as possible.
With one of the largest litigation groups in the North, when litigation is unavoidable we’ll fight your corner with your best interests and wellbeing in mind.
Meet our team
“Brabners has real expertise in charities and dealing with the Charity Commission. This is quite rare to find. Establishing a charitable publisher is hard, because there isn’t a clear line between what is charitable and what isn’t. Brabners did this successfully. Its fees are affordable by the sector.”
Client feedback, The Legal 500, 2024
“Graeme Hughes competently advises on charity law, governance and regulatory issues, as well as overseeing matters requiring insights from his corporate, property and employment colleagues.”
The Legal 500, 2024
“We have valued the long-term relationship with [Brabners]… [its] understanding of our company structure — and the market, regulation and jurisdiction in which we operate — supports the delivery of exceptional advice. Graeme Hughes and Imogen Trafford provide outstanding support around charity law.”
Client feedback, The Legal 500, 2024
“[Brabners] is interested in knowing your business and understanding the culture and nature of what you do. This leads to bespoke solutions… not simply ‘off the shelf’ advice that you may get from any firm.”
Client feedback, The Legal 500, 2024
“Ex-Charity Commission lawyer and Charity Tribunal Judge Stephen Claus continues to influence departmental and client decisions through his role as a consultant.”
The Legal 500, 2024
“The ‘outstanding’ Imogen Trafford is highly active on mandates concerning the registering, merging and dissolving of charities.”
The Legal 500, 2024
Trusted by
Brabners is a purpose-led independent law firm.
Our independence allows us to be objective, principled and provide a service with heart and character.
We’re on a mission to make the difference for our clients, people and communities. Proudly anchored in the North since 1815, we serve all of England and Wales.
Northern Ambition
The collaborative network for purpose-led businesses. We’re building a more sustainable and innovative tomorrow.
Sustainable Business
In 2022, we proudly became the UK’s largest law firm (and the first outside London) to become B Corp certified.
Community Impact
We channel the energy of our public-spirited people and clients towards improving our local communities.
Read more about charity law
Our charities, not-for-profit and social enterprises team examines the consequences of failing to adhere to the Fundraising Code and what happened specifically in the case of Penny Appeal.
Read more
Our charity Swish event shone a spotlight on sustainable fashion brands and the reality of ESG in retail.
Read moreTalk to us
Loading form...