Jonathan Garton – författare

Public Benefit in Charity Law examines the legal principles and practical applications of the public benefit test in charity law in the UK, Australia, Canada, New Zealand and the Republic of Ireland. In order to obtain charitable status, an organization must not only have exclusively charitable purpose but also demonstrate that it provides a benefit to the public. There is a considerable body of shared case law on public benefit in these jurisdictions and yet to date there has been no comprehensive study of the topic. It is highly topical, given the many statutory reforms to public benefit in Australia, England, and Scotland, as well as the legislative reforms in Northern Ireland. In England, for instance, the Charities Act 2006 removed the presumption that some charitable purposes automatically provide a public benefit, and for the first time all charities are required to demonstrate that they satisfy the common law public benefit requirements. The impact of the reforms on independent schools and health care charities, which risk losing their charitable status if they are seen as only benefiting private individuals, attracted considerable political and media attention. The book sets out a critical analysis of the general principles of public benefit that have developed since the emergence of the doctrine in England in the nineteenth century, and its export to the other jurisdictions. These principles are evaluated in the light of the traditional justifications for the public benefit requirement. The book also considers the practical implications of these principles in relation to specific areas of charitable activity in each jurisdictions. The analysis includes issues affecting education, health care provision, religious charities, human rights charities, political campaigning, and environmental action. Reference to other jurisdictions including the Republic of Ireland and the USA is made where such comparison is helpful.

Public Benefit in Charity Law examines the legal principles and practical applications of the public benefit test in charity law in the UK, Australia, Canada, New Zealand and the Republic of Ireland. In order to obtain charitable status, an organization must not only have exclusively charitable purpose but also demonstrate that it provides a benefit to the public. There is a considerable body of shared case law on public benefit in these jurisdictions and yet to date there has been no comprehensive study of the topic. It is highly topical, given the many statutory reforms to public benefit in Australia, England, and Scotland, as well as the legislative reforms in Northern Ireland. In England, for instance, the Charities Act 2006 removed the presumption that some charitable purposes automatically provide a public benefit, and for the first time all charities are required to demonstrate that they satisfy the common law public benefit requirements. The impact of the reforms on independent schools and health care charities, which risk losing their charitable status if they are seen as only benefiting private individuals, attracted considerable political and media attention. The book sets out a critical analysis of the general principles of public benefit that have developed since the emergence of the doctrine in England in the nineteenth century, and its export to the other jurisdictions. These principles are evaluated in the light of the traditional justifications for the public benefit requirement. The book also considers the practical implications of these principles in relation to specific areas of charitable activity in each jurisdictions. The analysis includes issues affecting education, health care provision, religious charities, human rights charities, political campaigning, and environmental action. Reference to other jurisdictions including the Republic of Ireland and the USA is made where such comparison is helpful.

Public Benefit in Charity Law examines the legal principles and practical applications of the public benefit test in charity law in the UK, Australia, Canada, New Zealand and the Republic of Ireland. In order to obtain charitable status, an organization must not only have exclusively charitable purpose but also demonstrate that it provides a benefit to the public. There is a considerable body of shared case law on public benefit in these jurisdictions and yet to date there has been no comprehensive study of the topic. It is highly topical, given the many statutory reforms to public benefit in Australia, England, and Scotland, as well as the legislative reforms in Northern Ireland. In England, for instance, the Charities Act 2006 removed the presumption that some charitable purposes automatically provide a public benefit, and for the first time all charities are required to demonstrate that they satisfy the common law public benefit requirements. The impact of the reforms on independent schools and health care charities, which risk losing their charitable status if they are seen as only benefiting private individuals, attracted considerable political and media attention. The book sets out a critical analysis of the general principles of public benefit that have developed since the emergence of the doctrine in England in the nineteenth century, and its export to the other jurisdictions. These principles are evaluated in the light of the traditional justifications for the public benefit requirement. The book also considers the practical implications of these principles in relation to specific areas of charitable activity in each jurisdictions. The analysis includes issues affecting education, health care provision, religious charities, human rights charities, political campaigning, and environmental action. Reference to other jurisdictions including the Republic of Ireland and the USA is made where such comparison is helpful.

Always the serious student's choice for a Trusts Law textbook, the new seventh edition of Moffat's Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases - including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 - are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.

Always the serious student''s choice for a Trusts Law textbook, the new seventh edition of Moffat''s Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases – including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 – are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.

Always the serious student''s choice for a Trusts Law textbook, the new seventh edition of Moffat''s Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases – including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 – are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.

Although much has been written on organised civil society - the loose collective of organisations that operate outside the public sector, the private market and the family unit - over the past 30 years, there has been little jurisprudential analysis. This is in spite of the fact that a number of jurisdictions, including England, New Zealand, Northern Ireland and Scotland, have recently implemented major reforms to the regulatory frameworks in which civil society organisations operate, with a particular emphasis on the charitable sectors. Redressing the balance, this monograph considers from first principles when it is appropriate to regulate organised civil society and how that regulation might best be accomplished.Four broad issues are addressed: (a) whether the activities undertaken by civil society organisations are distinct from the activities undertaken by the state or the market, either because they are pursued in unique ways, or because they produce unique outcomes; (b) if so, whether it is justifiable to regulate organised civil society activities in a sector-specific way; (c) if it is, whether the peculiar characteristics of these activities make one type of regulation more appropriate than another; and (d) whether it is appropriate to distinguish between charities and other civil society organisations for regulatory purposes. The monograph integrates the traditionally separate disciplines of civil society theory and regulation theory to provide answers to these questions and advance a rudimentary theory of regulation specific to organised civil society.