Harries and Others v Church Commissioners for England and Another

JurisdictionEngland & Wales
Judgment Date25 October 1991
Date25 October 1991
CourtChancery Division
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9 cases
  • Sarah Butler-Sloss (as trustee of the Ashden Trust) v The Charity Commission for England and Wales
    • United Kingdom
    • Chancery Division
    • April 29, 2022
    ...a policy would be entirely appropriate. But because of uncertainty over the reach of the only leading case in this area – Harries v Church Commissioners for England [1992] 1 WLR 1241, a decision of Sir Donald Nicholls V-C, as he then was, (commonly referred to as the Bishop of Oxford case)......
  • Merchant Navy Ratings Pension and Another v Stena Line Ltd and Others
    • United Kingdom
    • Chancery Division
    • February 25, 2015
    ...[1917] 2 Ch 379, subsequently followed and applied in Martin v The City of Edinburgh District Council [1989] 1 PLR 9, Harries v Church Commissioners for England [1992] 1 WLR 1241 and finally to the Cotton v Cardigan case. 184 Re Charteris was concerned with an express power to postpone sale......
  • Wells v Wells
    • United Kingdom
    • Court of Appeal (Civil Division)
    • October 23, 1996
    ... ... the recipient in the same position as others, who have to rely on capital for their support to ... Another concern of those who opposed the suggestion was ... ...
  • Palestine Solidarity Campaign Ltd and Another v Secretary of State for Communities and Local Government
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • June 22, 2017
    ...is no risk of significant financial detriment from taking investment decisions with such factors into account: for example, Harries v Church Commissioners for England [1992] 1 WLR 1241 and see Law Commission, Fiduciary Duties of Investment Intermediaries, Law Com No 350, 2014, 31 So, too, ......
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9 firm's commentaries
  • Charity Investments And The Fight Against Climate Change. Legal Update Regarding Responsible Investment And Charity Trustee Duties
    • United Kingdom
    • Mondaq UK
    • May 10, 2022
    ...principles on charitable investment which were set out in the 1992 Bishop of Oxford case (Harries v Church Commissioners for England [1992] 1 WLR 1241). In brief, these principles were that investments should maximise return for their charity and ought not to take into account other conside......
  • Charities - Summer 2015
    • United Kingdom
    • Mondaq UK
    • June 17, 2015
    ...to justify this on the basis of one of three situations recognised in the case of Harries (Bishop of Oxford) v Church Commissioners [1992] 1 WLR 1241 ('the Bishop of Oxford Following the Bishop of Oxford case, ethical investment appears permissible when: a particular investment conflicts wi......
  • How Does The ESG Agenda Align With Charitable Donations And Trusts?
    • United Kingdom
    • Mondaq UK
    • October 10, 2022
    ...in a place of moral conflict. Until recently, the leading authority on this matter was Harries v Church Commissioners for England (1992 1 WLR 1241). The case provided that trustees should maximise the investment return available, save for in circumstances where the investment specifically c......
  • Investing With Purpose: Guidance For Trustees
    • Bermuda
    • Mondaq Bermuda
    • September 13, 2022
    ...the trust's terms, including ESG factors that may have a material impact on financial performance. Footnotes 1. [2022] EWHC 974 (Ch) 2. [1992] 1 WLR 1241 3. 3 The Paris Agreement is an international treaty on climate change. The principal goal of the Paris Agreement is to limit global warmi......
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7 books & journal articles
  • SHIFTING PARADIGM OF INVESTMENT BY CHARITIES
    • Singapore
    • Singapore Academy of Law Journal No. 2018, December 2018
    • December 1, 2018
    ...be careful and a careful fiduciary is being loyal. 52[1985] 1 Ch 270. 53Re Wyvern Developments Ltd[1974] 1 WLR 1097 at 1106. 54 c 62. 55[1992] 1 WLR 1241; [1993] 2 All ER 300. 56Harries v Church Commissioners for England[1992] 1 WLR 1241 at 1248; [1993] 2 All ER 300 at 305. 57Harries v Chur......
  • English fiduciary standards and trust law.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 32 No. 3, May 1999
    • May 1, 1999
    ...growth in Cowan v. ScargiIl, [1985] Ch. 270, 287, endorsed in Nestle, [1994] 1 Ail E.R. at 140, and in Harries v. Church Comm'rs, [1992] 1 W.L.R. 1241, 1246 (14.) Including those of the Law Commission and of the Trust Law Committee who provided input for the Treasury Document. (15.) See Lor......
  • Litigation in the Fossil Fuel Divestment Movement
    • United States
    • Wiley Law & Policy No. 39-4, October 2017
    • October 1, 2017
    ...Governor, 381 Mass 702 (S Ct 1980).Foster v Dep’t of Ecology, 362 P3d 959 (Wash 2015).Harries v The Church Commissioners for England, [1992] 1 WLR 1241.Harvard Climate Justice Coalition et al. v President & Fellows of Harvard Coll., SUCV-201403620H, 2015 WL 1519036 (Sup Ct Mass 2015), aff’d......
  • Mark Hill, the United Kingdom
    • United States
    • Emory University School of Law Emory International Law Reviews No. 19-2, March 2005
    • Invalid date
    ...180 Id. at 217. 181 Id. 182 Id. at 217-18. 183 Williams v Bishop of Bangor (1999) 5 Eccl. L.J. 304. 184 (1999) 5 Eccl. L.J. 218. 185 [1992] 1 WLR 1241. 186 [1992] CROWN OFFICE DIGEST 132 DC. 187 Id. 188 Dilworth v Lovat Highland Estates, Ltd. [1990] (see www.scotscourts.gov.uk). 189 Id. 190......
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