Introduction
Local Churches, Circuits and Districts find themselves needing legal advice from time to time on a wide range of issues, from the sale of Manses to car parking queries to redevelopments, and that is just on property related matters. Managing Trustees may also need advice on employment issues with lay employees, the governance of trading subsidiaries and how this affects the Local Church, Circuit, or District as a charity as well as legal disputes with a neighbour or contractor.
To assist Managing Trustees in getting the right legal advice, TMCP and the Connexional Team recommend that the Methodist panel of solicitors (‘the Panel’) are instructed.
All the firms appointed to the Panel have the proven skill, expertise and technical knowledge to provide excellent legal advice to Managing Trustee bodies. The firms have extensive experience in working with charities and other Christian denominations so their solicitors understand the challenges that Managing Trustees are faced with on a day to day basis. While the firms are nationally recognised for the work they undertake they retain a friendly and approachable ethos, compatible with the values of the Methodist Church.
Working for you
Since the launch of the Panel in 2018, all the firms have continued to receive training from TMCP on Methodist law and policy as well the practical requirements and expectations of the Methodist Church. TMCP meet regularly with the Panel to monitor performance and to look at ways in which TMCP and the Panel can work together for the benefit of Managing Trustees across the Connexion. The Panel work very closely with TMCP Legal in all transactions meaning Managing Trustees can rest easy in the knowledge that their instructed legal adviser and TMCP will together make sure that the Methodist Church is protected and matters will be dealt with in a professional and timely manner.
The Panel and TMCP worked together to introduce the streamlining of sale projects which has resulted in transaction times being reduced and sales being more cost effective. Managing Trustees have been able to work with solicitors who understand what is required in a Methodist property sale and can manage expectations of third parties who often do not understand the legal obligations placed on Managing Trustees under Methodist and charity law.
TMCP and the Panel are currently looking to widen streamlining to certain non-residential lease transactions and purchases. This approach to these common transactions will shorten the length of time it takes to negotiate leases with precedent leases being made available which have been drafted in a pragmatic, fair and balanced way.
Interactive Map
This interactive map shows the location for each of the offices for the Panel firms across England and Wales. There is a colour coded key to assist you in identifying which Panel firm is at each location. Whilst the geographic location is not critical – due to the ease of communication by email, telephone and Zoom etc – TMCP appreciate that it can be helpful for Managing Trustees to know where the solicitor they are dealing with is based.
Added Value
The Panel add value to the Methodist Church in other ways and some of those key benefits are:
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Improved communication and regular reporting on cases between the Panel and TMCP so there are no last-minute issues which could cause delay and where appropriate, fixed are charged for more complex transactions.
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All the firms offer 30 minutes free legal advice on new matters or when ad hoc queries arise.
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Targeted training events on issues such as trustee responsibilities. Further, regular legal updates can be found through the links at the bottom of the page to each of the Panel firms website where they have dedicated updates that are relevant to charity trustees.
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Managing Trustees will be speaking to someone who understands the requirements of TMCP and the Methodist Church’s legislation and policies. The Panel understand that not all Managing Trustees regularly deal in legal matters and therefore ensure that clear, comprehensive and understandable advice is given as well as providing continuous support throughout the transaction.
Key areas of Law
There are key areas of law that TMCP and the Connexional Team identified in which Managing Trustees would need legal advice. These areas of law are covered below and each Panel firm can provide help and support to Managing Trustees on those topics:
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All aspects of property transactions from Manse sales and purchases to large scale development of church sites.
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All commercial aspects of the charities work, including general commercial contracts, as well as service delivery contracts and issues around non-primary purpose trading.
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All aspects of charity law, including matters pertaining to the duties of charity trustees;
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All aspects of compliance including fundraising, serious incidents with reputational risk, health and safety and data protection, however specialist advice will be provided for the most part by the TMCP as Controller and the Connnexional Team;
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VAT and direct tax advice;
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Advice in relation to employment law, including the Equality Act, TUPE and volunteers. (The advice would relate to individuals employed by the charities and not Methodist ministers who are not employees);
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Where required, specialist advice in relation to legacies, including contentious estates. Guidance will be provided for the most part in-house by TMCP Legal;
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Civil litigation and safeguarding matters;
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Advice, where required, on sensitive issues with possible reputational implications for the charities, including all matters relating to defamation and libel and social media;
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Advice on Ecumenical work including Sharing Agreements and Local Ecumenical Partnerships. Specialist guidance is also provided in these areas in-house by the Conference Office and TMCP;
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Advice in relation to schools, in particular conversion to academies;
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Any other miscellaneous legal matters which could arise, including litigation
For more in depth information about each of the firms on the Panel and the services they offer, Managing Trustees can click on the logos below which will take you to a page dedicated to each firm. Please note that the firms are listed below in alphabetical order and not in any order of preference. By clicking on the logos below you will also find the contact details for the lead person overseeing Methodist transactions at each firm as well as the locations of their offices (you can of course also use our interactive map above for the locations). You can also obtain a PDF copy of our Panel Solicitors contact sheet here.
If you have any queries in relation to the guidance in this document please contact TMCP Legal for further assistance.
Index
Anthony Collins
Information on the services of Anthony Collins
Blake Morgan
Information on the services of Blake Morgan
HCR Law
Information on the services of HCR Law
Sintons
Information on the services of Sintons
Streamlining
Information and guidance on the streamlining process to be followed when Managing Trustees instruct one of the firms on the Methodist Panel of Solicitors to assist them with a property transaction