The number one, third sector and charity law firm in Scotland.
Burness Paull has one of Scotland’s leading charity law teams providing specialist advice to a large number of organisations across Scotland’s vibrant third sector.
Our team, made up of charity law specialists and colleagues from other disciplines with significant experience in advising charities, provides an unrivalled, full-service offering to our firm’s charity clients (of which we have over 400). We recognise that charities often require a range of services and that operating within the charities sector can bring its own unique opportunities and challenges. Our team are immersed in Scotland’s charities sector and have the skills and expertise to assist charities of all shapes and sizes.
We are proud to support both the Scottish Council for Voluntary Organisations and the Development Trusts Association Scotland on a pro-bono helpline basis. Our involvement with these key umbrella bodies allows us to really understand the issues of sectoral importance.
Emma Maxwell and Emma Manson both had qualities of empathy and an ability to get to the nub of a problem very quickly. They explained the issues clearly in layman's terms and provided a number of possible options which took into account some prickly interpersonal issues on both sides of the dispute within the charitable organisation.
(Legal 500, 2024)
Key Contacts
Graeme Palmer
Partner
Procurement
Graeme specialises in EU procurement law. He works closely with the public sector, social housing, projects, construction, urban regeneration.
Emma Maxwell
Director
Third Sector & Charity
Emma regularly provides advice to a range of public sector clients including a large number of local authorities, as well as housing associations.
Ruth McNaught
Director
Procurement
Ruth advises and assists local authority clients, central government bodies and non-departmental public bodies on a wide range of issues.
Our areas of expertise
Our charities lawyers can assist you in a whole range of ways, including the following:
- Legal structures
- Changes in legal form
- Regulatory compliance (including all aspects of engagement with the Scottish charity regulator, OSCR)
- Collaboration and joint working (including consortia and mergers)
- Commercial contracts
- Charity governance (including developing policies and procedures, governance reviews, developing governance frameworks, charity inquiries and investigations)
- Community renewables and community energy
- Delivery of training across a range of topics including charity trustee duties and compliance.
Work Highlights
- Incorporation of various new charities (company limited by guarantee with charitable status and Scottish charitable incorporated organisations) across a range of sectors including agriculture, health and social care, education and sport.
- Advising on an increasing number of collaborations within the charities sector including establishment of consortia and effecting full-scale mergers.
- Advising on complex regulatory inquiry matters involving investigations from the Scottish charity regulator.
- Undertaking governance review including adjustment of constitutional documents, overhaul of existing policies and procedures.
- Provision of charity trustee training and ‘horizon scanning’ sessions.
What our clients say
Thorough knowledge of the sector with reliable advice and action.
(Legal 500, 2024)
The team at Burness Paull take time to understand the clients requirements, expectations and manage communication effectively and efficiently as a result.
(Legal 500, 2024)
Related News, Insights & Events
Charity complaints and freedom of information – How much does OSCR have to disclose?
The Scottish Information Commissioner recently decided that the OSCR had ‘generally’ complied with the FOISA when withholding information about a charity that was the subject of an ongoing inquiry.
A closer look at MacLennan v British Psychological Society – Redefining whistleblowing rights for charity trustees
In the recent Employment Appeal Tribunal case, MacLennan v British Psychological Society, important legal questions emerged about the rights of charity trustees in bringing whistleblowing claims.
Mitigating the risk of charity fraud: Some top tips
As part of this year’s Charity Fraud Awareness Week, we partnered with the Fraud Advisory Panel and Evelyn Partners to host an event on what charities can do to protect themselves from fraud.
