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Power to Voice

1st May 2014

In his concluding article David Schmitz discusses the legal position for charitable trustees faced with a gagging clause.

The first article on this subject (TELTJ155, April, p18) examined broadly whether the trend for governments to use charities to carry out work previously executed by government bodies could compromise a charity’s independence: it discussed the equitable principle that trustees must not fetter their discretion and it contended that charity trustees might offend against that principle if they entered into a contract containing such a clause. This article will examine that contention more closely and will conclude with some observations on confidentiality.

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David Schmitz David Schmitz Call 1976
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