How No Win, No Fee funding for legacy disputes can help trustees to comply with Charity Commission guidance.
When a legacy dispute arises, the Charity Commission expects trustees to act in the best interests of their charity. They have a duty to protect the charity’s assets, and if necessary, recover them.
However, the often-difficult question for trustees is whether to use the charity’s resources to bring or defend a legal action; and if so, how much they should be willing to spend. It’s a conundrum that isn’t made any easier by the fact that estimating legal costs is far from being an exact science.
One option open to trustees who are concerned about complying with Charity Commission guidance is to retain solicitors on a No Win, No Fee basis. Under this method of funding a legal action the trustees will be comforted by the fact that if the resolution of the dispute is not favourable, then the charity won’t be left facing a huge legal bill.
No Win, No Fee funding is not as common in legacy disputes as it is in other areas. Indeed, many of the firms undertaking this work do not offer it to charities. However, our team does deal with these cases on a No Win, No Fee basis, so trustees do have this as an option.
If you would like to talk to us about funding a legacy dispute on a No Win, No Fee basis. Then just give us a call or send us an email.
