Updates

Case update: Sex Matters v City of London Corporation

The High Court has refused permission to a judicial review challenge brought by the charity Sex Matters to the trans-inclusive policies operated by the City of London Corporation (the “Corporation”) at the Kenwood Ladies’ Pond and the Highgate Men’s Pond.[1] As a permission decision, it is persuasive rather than binding precedent, but provides some valuable …
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Don’t say a word… to what extent can students’ unions require confidentiality from departing sabbatical officers?

In higher education students’ unions (SU) sabbatical officers (Sabbs) are now generally employed by the union (as well as often being appointed as trustees). As such, Sabbs benefit from the relevant legal rights and protections afforded to employees under employment law. When that employment relationship comes to an end, and in the event that there …
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Ex gratia payments – does the brand-new car come with back-seat driving?

In November 2025, the long-awaited changes to the ex gratia regime under the Charites Act 2022 came into force. By way of high-level summary, these put charities more in the driving seat, so to speak, with decision-making over ex gratia payments. Quick reminder – what is an ex gratia payment? An ex gratia payment is …
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Are your volunteers workers in disguise? Lessons from Maritime and Coastguard Agency v Groom

Is it possible for staff who have long been described as volunteers, to be workers in practice? On 14 January 2026, the Court of Appeal answered this question, in relation to the engagement of volunteer coastguards, with an emphatic “yes”; in the case of Maritime and Coastguard Agency v Groom [2026] EWCA Civ 6. The …
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Gender identity, protected beliefs, and single-sex facilities in the workplace: a review of Kelly v Leonardo UK Ltd

The end of 2025, and start of 2026, has seen four Employment Tribunal (“ET”) judgments being handed down in cases relating to gender identity, protected beliefs, and the use of single-sex facilities in the workplace – the cases of Lockwood v Cheshire and Wirral NHS Trust & Others (“Lockwood”), Kelly v Leonardo UK Ltd (“Kelly”), …
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Changing circumstances – the impact on legacy fundraising

When does ‘continuing to exist’ not require continued existence? When you’re reading a Will referring to unincorporated charities, apparently.… A change in circumstances after a Will has been written can create real problems with a charity legacy. The case involving the charity British Camelids and several other animal welfare organisations – which was heard in …
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Endowment funds: An introduction

What is an endowment fund? An endowment fund is property which a charity must retain and invest to generate an income. Different types of endowment There are two main categories of endowment fund: Permanent endowment where the trustees may spend the income generated from the investment of the capital but cannot spend the capital itself. …
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DCMS commits to review exclusion of national statutory museums and galleries from “ex gratia” regime

The Department for Culture, Media and Sport (DCMS) has now confirmed that it will review its decision to exclude sixteen statutory national museums and galleries from the commencement of the “ex gratia” powers in the Charities Act 2022 – and that it will do so by February 2027. The move comes against the backdrop of …
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The Pathway to a UK Global Talent Visa for Award-Winning and Nominated Creatives

How Industry Recognition Opens Doors for Film, TV, and Animation Professionals The start of the year brings a flurry of prestigious events in the film and television industry: hot on the heels of the Golden Globes, the race for predictions is now in full swing and we’re seeing a huge amount of attention on international …
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Subsidy Control: Government Makes it Easier for Public Bodies to Fund Arts and Culture and Community and Regeneration

Last week, the Government introduced two new ‘streamlined routes’ to the subsidy control regime: This followed a consultation last year on the introduction of the two new routes which Bates Wells responded to, wholeheartedly welcoming the proposals. What is the subsidy control regime? The subsidy control regime is the UK’s framework for regulating how the …
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The For Women Scotland judgment: what do charities need to know?

Last year, the Supreme Court was asked, ‘What is a woman?’ for the purposes of the Equality Act 2010. It gave a clear judgment last April in the landmark For Women Scotland Ltd v The Scottish Ministers [2025] case which ruled that a “woman” means a biological female. This does not include transgender women, even …
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A Guide for Owner-Managed Businesses: Understanding Directors’ Duties

In owner-managed businesses, directors often occupy multiple roles: shareholder, executive, and strategic leader. This overlap can create complexity in decision-making and accountability, especially when personal and corporate interests intersect. Understanding directors’ duties is essential not only for legal compliance but also for maintaining good governance, protecting the business, and shielding directors from personal liability. These …
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