Legal and practical issues arising from Lehtimaki v Children's Investment Fund Foundation (UK)

摘要

Next year the Supreme Court will hear the appeal from Lehtimaki v Children's Investment Fund Foundation (UK) [2018] EWCA Civ 1605 ('CIFF') (reported as Children's Investment Fund Foundation (UK) v Attorney General [2017] EWHC 1379 (Ch) at first instance). This article addresses the legal and practical issues that might arise from the Court of Appeal's judgment by considering various structures of membership of charitable companies limited by guarantee. It also considers the significance of the Court of Appeal's observations on the courts' powers to intervene in the exercise of discretion by fiduciaries in the charities context.