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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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Dear JAL, None of the above really. As briefly as I can:

Customer Question

Dear JAL, None of the above really. As briefly as I can: Within a local charity there has been as I believe some flouting of the Constitution in the past. In drawing attention to this I've been involved with a publication separate from the official newsletter. This has created some resentment, though healing is underway. Meanwhile however: I believe the Constitution is again to be breached, and should like to explore whether this might be injunctionable. It goes without saying that I'd have to send in a copy of the document and go into more detail. The current root cause may seem trivial, but is not so for me or for others threatening to leave the charity.... Nearly finished! We are an amateur theatre company, though long-established and dedicated. There's a system for programming for the following year and - I say crucially - announcing this to the members at their AGM. This was all done, and the announcement made in September. Subsequetnly it's been announced that part of the said programme will be scrapped, without reference to the wider membership who had tacitly approved it at the AGM. Although the production in question is/was not to be until July next year, the excuse is the guess that not enough people will be keen to be in or work on it - this because of the involvement of the director thereof - my goodself - in the controversy which I described earlier. I'd be most grateful to know whether this might be the subject (subject, er, to further documentation) of an injunction preventing the change either permanently or until the membership has been recalled. I am on XXXXXXXXXXX  if this is easier and confirm that. depending on the costs, I am reasonably solvent. Thanks in advance for your advice. Chris XXXX

Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
Does the charity operate through a limited company?
Kind regards
AJ
Customer: replied 2 years ago.

Dear AJ,

Sorry this is a bit late. A clear question but a complex answer I think.

The charity is free-standing and has its own Constitution, AGM, committees and so forth. However: it also has another life through a Ltd. Co. 'We' own the Corn Exchange in the town, which functions as an entertainment centre, showing films and occasional small-scale professional tours in the intervals between the charity's productions. There is (I think originally for trading purposes - tax and so on, and probably then on Charity Commission advice) thus a Ltd. Co. called 'Sinodun Players Ltd.', the first 2 words being the name of the charity. In principle the Company is not for profit and wholly-owned by the charity, to which - again in principle (but allowing e.g. for repair and maintenance to the building) it covenants back any profits. But ths Lts. Co. does not interfere in any way with the activities of the charity.

Hope this helps.

Thanks,

Chris H.

Customer: replied 2 years ago.

Dear AJ,

Sorry this is a bit late. A clear question but a complex answer I think.

The charity is free-standing and has its own Constitution, AGM, committees and so forth. However: it also has another life through a Ltd. Co. 'We' own the Corn Exchange in the town, which functions as an entertainment centre, showing films and occasional small-scale professional tours in the intervals between the charity's productions. There is (I think originally for trading purposes - tax and so on, and probably then on Charity Commission advice) thus a Ltd. Co. called 'Sinodun Players Ltd.', the first 2 words being the name of the charity. In principle the Company is not for profit and wholly-owned by the charity, to which - again in principle (but allowing e.g. for repair and maintenance to the building) it covenants back any profits. But ths Lts. Co. does not interfere in any way with the activities of the charity.

Hope this helps.

Thanks,

Chris H.

Customer: replied 2 years ago.

Dear AJ,

Sorry this is a bit late. A clear question but a complex answer I think.

The charity is free-standing and has its own Constitution, AGM, committees and so forth. However: it also has another life through a Ltd. Co. 'We' own the Corn Exchange in the town, which functions as an entertainment centre, showing films and occasional small-scale professional tours in the intervals between the charity's productions. There is (I think originally for trading purposes - tax and so on, and probably then on Charity Commission advice) thus a Ltd. Co. called 'Sinodun Players Ltd.', the first 2 words being the name of the charity. In principle the Company is not for profit and wholly-owned by the charity, to which - again in principle (but allowing e.g. for repair and maintenance to the building) it covenants back any profits. But ths Lts. Co. does not interfere in any way with the activities of the charity.

Hope this helps.

Thanks,

Chris H.


Expert:  Alex J. replied 2 years ago.
Hi
Thank you my apologies I have just received this.
I am typing my answer this morning and will respond today.
Kind regards
AJ
Customer: replied 2 years ago.

Dear AJ,,

I was relieved to hear this as I feared we had lost contact. However, I have received only your kind apology and not the response you hoped to send yesterday. Perhaps it will come tomorrow - this is after all the weekend. I panicked rather when I seemed to have lost contact with Just A.; it is most frustrating that they offer an option of phone contact and then do not honour it. I'm most anxious to read your opinion and shall then be able to send a better appraisal of the service.

CH,

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Dear Nicola,

Thanks for this. I am surprised if AJ has 'left this conversation' because as you can see from the above trail she said she was going to reply on the 6th, only 2 days ago..... But communications are clearly fragile with Just A. at present - are you able to help also with why, when offered phone contact by the webpage - precisely because of this fragility - I am then denied it despite clicking thereon? Likewise I did submit my phone number and was told the firm would ring me.... Meanwhile, if AJ is gone, yes please do continue trying. I'd really rather have an answer than a refund.Thanks in advance,

CH

Customer: replied 2 years ago.

Dear Nicola,

Thanks for this. I am surprised if AJ has 'left this conversation' because as you can see from the above trail she said she was going to reply on the 6th, only 2 days ago..... But communications are clearly fragile with Just A. at present - are you able to help also with why, when offered phone contact by the webpage - precisely because of this fragility - I am then denied it despite clicking thereon? Likewise I did submit my phone number and was told the firm would ring me.... Meanwhile, if AJ is gone, yes please do continue trying. I'd really rather have an answer than a refund.Thanks in advance,

CH

ps - I never know if these are getting through. Am on 'on line'?

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
I am sorry for the inconvenience, but it looks as if, upon further research, AJ found that he could not answer the question fully and so opted out.
I will ask Customer Services to contact you re: phone call issues.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Dear Nicola,

Thank you. No contact yet but I look forward to it.

Sincerely,

Chris H

Customer: replied 2 years ago.

Relist: I still need help. Both the 1st and 3rd above please. I keep replying to Bicola-mod' or to Jan someone. I leave my number asking to be called, or click to call on Customer Service - neither works and the number I've lately been given seems not to either. Chris H XXXXXXXXX

Expert:  Nicola-mod replied 2 years ago.
Hello Chris,
I am sorry, I did not get the reply notification for this.
I don't think we have anyone called Jan?
I have escalated this for you, I apologise that you have not heard anything yet.
Thank you,
Nicola
Customer: replied 2 years ago.

Many thanks - hope to hear something soon then.

cHris H

Customer: replied 2 years ago.

Dear 'JA', Asked to return to this page, I confirm I have no new information. I believe the charity is acting 'illegally' in seeking to change,, subsequently, a programme properly announced to its AGM. I confirmed that although there is also a limited company, the charity and its Trustees act independently in these matters. I should like to injunct to reverse the mooted change and re-instate the properly-announced progaramme - if necessary as a temporary measure until a general meeting can be called - or better still, definitively.I can of course send in the constitution.

Thanks - CH.

Expert:  Nicola-mod replied 2 years ago.

Hello Chris,

We will continue to look for a Professional to assist you.

Thank you for your patience,

Nicola

Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

Dear Nicola,

Thank you again for this. You need someone who knows I guess about charity law. I had a helpful chat with your colleague Dianne the other day. I am very happy for you to continue the search. Would you be happy to let me know in, say, a couple of weeks if this still proves fruitless? At that point we can think about any refund. Meantime, let us keep trying!

Sincerely,

Chris H.

Expert:  Nicola-mod replied 2 years ago.
Hello Chris,
Of course.
We will continue to look for a Professional to assist you.
Please check in at any time if you change your mind.
Thank you for your patience,
Nicola

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