Resources

Expertise, events, news and updates –
what interests you?

Talking governance: holding difficult conversations

Good and professional behaviour is critical to board effectiveness. Governance expert Tesse Akpeki gives guidance on how to hold difficult conversations. The ICSA guidance, Improving charity boardroom behaviours, stresses the importance of encouraging positive behaviours in and outside the boardroom. The guidelines remind us that policies, procedures and protocols only go so far in promoting good …
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Talking governance: values-driven leadership

Values-driven leadership can maximise the potential of an entire organisation. Governance expert Tesse Akpeki elaborates on the advantages of a values-driven approach and explains how it can be achieved. Values-driven leadership occurs when leaders are driven by values that shape their mindset and inform their decisions and actions. Values articulate what the organisation cares about, …
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How B Corp status might revolutionise football

Following the government’s welcome announcement on 25 April that it would seek to implement the recommendations of the Crouch Review – a “Fan-led Review of Football Governance” – there is now finally momentum in the need of reform for the country’s most loved sport. The issue with the various reviews into football, including the Crouch …
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Covid-19 Inquiry update: Terms of Reference

As you will have seen in the national press, last Thursday the Chair of the Inquiry wrote to the Prime Minister setting out her recommended changes to the Inquiry’s Terms of Reference. The Chair has recommended that the Terms of Reference should be reframed to put possible inequalities at their forefront, so that an investigation …
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The new Subsidy Control Act – your FAQs answered

Lindsay Draffan and Suhan Rajkumar are here to untangle the new Subsidy Control Act and explain what it could mean for your organisation. What is the Subsidy Control Act (or SCA)? Sounds ominous. This is new legislation which effectively replaces the EU State Aid regime in the UK. The simple answer is that SCA controls …
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Fundraising Regulator – new self-reporting regime

At its annual meeting, in March 2022 the Fundraising Regulator launched a new self-reporting tool, which will allow organisations to self-report fundraising incidents where there may have been a  breach of the Code of Fundraising Practice to the Fundraising Regulator. The introduction of the self-reporting tool comes at the same time as the Fundraising Regulator …
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Impact Focus: A purpose-driven approach to managing workforce disputes and supporting harmonious culture

Bates Wells convenes a regular Impact Counsels’ Forum for senior counsel working within impact investors, B Corps, and other purpose-driven businesses. The Forum discusses the ‘impact angles’ of the legal and practical issues faced by in-house legal teams. Recently, the Forum explored how purpose-driven organisations can approach internal dispute resolution in ways that ensure purpose-driven …
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Resources and guides for B Corps

We’ve been instrumental in the establishment of B Corporations in the UK and invite you to tap into our experience and expertise. Whether you’re considering B Corp certification and looking for guidance on the process, or are an established B Corp seeking new ways to embed your principles and values further in your business, we …
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Butler-Sloss v Charity Commission: understanding trustee investment duties and powers in the new landscape

In his judgment in Butler-Sloss & Ors v The Charity Commission for England and Wales & Anor [2022] EWHC 974 (Ch) (29 April 2022), Mr Justice Michael Green summarises the law in relation to charity trustees taking into account ‘non-financial considerations’ when exercising their powers of investment.[1] In this explanatory note, we highlight the ten …
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Understanding the Purpose & Impact landscape: The Impact Economy Policy Mapping Initiative

In 2020, an initiative began to trial a new approach to understanding what policy activity is happening across the ‘Impact Economy’; a term used to describe the ecosystem of commercial activities and actors that integrate social and environmental impact into the pursuit of profit. This work has been conducted by Shirah Z Mansaray, a PhD …
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Subsidy Control Act receives Royal Assent: key points to note

The Subsidy Control Act (the UK’s domestic equivalent of the EU state aid regime following Brexit) has received Royal Assent.  The operative parts of the Act are expected to be brought into force in Autumn 2022.  Key points to note are: Public authorities will be responsible for self-assessing subsidies they intend to grant against the seven …
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Bates Wells acts in landmark High Court ruling allowing trustees to prioritise climate change mitigation over financial returns in investments

A landmark High Court ruling today has confirmed that trustees of charitable trusts are allowed to prioritise the climate change outcomes of their investments even if it risks reducing financial returns. With charities in England and Wales holding over £150bn in long term investments, the decision could have a significant impact. Mr Justice Michael Green …
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