The Patronage Bargain and English and Welsh Charity Law: Non Liquet or Vacuous Theory?

Tribe, John ORCID: 0000-0002-7272-7263
(2020) The Patronage Bargain and English and Welsh Charity Law: Non Liquet or Vacuous Theory? The Conveyancer and Property Lawyer, 84 (1). pp. 45-69.

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Using ideas and relations rooted in historical patronage and patronage literature, i.e. obligation, dependency, kudos, responsibility and indebtedness (here collectively referred to as the Patronage Bargain), this article critically examines the role of charity patrons in modern English and Welsh charity law. This article sets forth two novel points which provide a foundation point of understanding for future work on charity patrons. First, the charity patron is situated amongst other economies of patronage as patronage has been deployed over time in the diverse fields or art, literature and politics. It is shown that the current charity patron and client dyad continues to exhibit the ingredients of the Patronage Bargain. However, it is argued that this does not inhibit the charity patron or wider charity engagement with the patronage relationship. Indeed, patronage is thriving, particularly Royal patronage. It is critically argued that the Patronage Bargain is neither positive or negative, but a mutual bargain. Secondly, inconsistency is highlighted between patrons of trusts and patrons of charitable companies. Two contrasting streams of doctrinal concept demonstrate that whereas patrons of charitable companies may be deemed shadow directors, no such treatment exists for patrons of trusts. The solution to this imbalance, it is argued, is that patrons should be treated in the same way for both charitable trusts and charitable companies. There should be no inconsistency. It is argued that this inconsistency can be remedied by examining and applying the rules of trustee de son tort to charity patrons. Some tightening up of the patron relationship is required. This would assist with a general raising of standards in the charity sector at a time when charity governance is under increasing scrutiny. If patrons enjoy associated kudos from charity engagement, then they should also shoulder some of the governance responsibility when things go array. The introduction of a new Patron Personal Duty may achieve this policy objective.

Item Type: Article
Additional Information: Source info: Conveyancer and Property Lawyer (2020)
Uncontrolled Keywords: charity, patrons, duties, trustess, public purpose trusts
Depositing User: Symplectic Admin
Date Deposited: 19 May 2020 09:43
Last Modified: 18 Jan 2023 23:52