While Managing Trustees try to fulfil their roles as prudent charity trustees harmoniously, sometimes matters become contentious. As Managing Trustees, you may find yourselves with little option but to issue a claim against somebody to protect the best interests of the charity e.g. to recover charity assets (including property or unpaid licence fees), to defend a claim brought against the charity or to resolve a dispute through mediation or arbitration.
New Litigation Page
It can be alarming to receive a letter from a neighbour or utility company threatening to issue proceedings against the Church or the Managing Trustees find themselves the victim of negligent work by a contractor, for example. While we would strongly encourage you to contact TMCP Legal so that we can help you get on the right track, we now have detailed guidance available for Managing Trustees on the new Litigation Page of TMCP’s website.
The Litigation Page contains information on the steps that Managing Trustees need to take before issuing or defending a claim and links to the resources available.
Why should I visit the Litigation Page?
Visit the Litigation Page to read and use the following:
- Litigation Page – An overview of the process, guidance on the steps to be taken before issuing or defending a claim and explanation of the roles of TMCP and the Managing Trustees in disputes involving the Church.
- Litigation Flowchart - An 'at a glance' visual guide showing the key steps for Managing Trustees to take and when and how TMCP and your professional advisers will assist throughout the process.
- Litigation Focus Note for Managing Trustees – Detailed guidance aimed specifically at Managing Trustees available in the password protected area of the TMCP Website. (Please contact TMCP if you need the password, confirming your role in the Church.)
We also have a Template Resolution and Briefing Note for solicitors acting for Managing Trustees in claims which are available on request from TMCP Legal. When requesting the briefing note please indicate if the claim is covered by Methodist Insurance or otherwise so that we can supply the correct one.
We hope you will not find yourselves in a position where you need to become involved with anything contentious but if you do, we hope these new resources will be of assistance.
If you have any queries in relation to the guidance in this document please contact TMCP Legal for further assistance.