Next Generation Partners

Charities and not-for-profit in Scotland

Brodies LLP

The market-leading practice at Brodies LLP acts for the largest charities, regulatory bodies and higher education institutions in Scotland. Practice head Kenneth Pinkerton has considerable experience in handling the gamut of charity and third sector-related mandates, including governance issues, mergers and reorganisations. With a focus on corporate governance matters, Brenda Scott further bolsters the team’s capabilities, and Christine O’Neill is recognised for her experience as a litigator. Commercial contract specialist Martin Sloan and accredited mediator Lynne Marr are other key members of the team, and Rebekah Leviston is also recommended.

Practice head(s):

Kenneth Pinkerton


Other key lawyers:

Brenda Scott; Christine O’Neill; Martin Sloan; Lynne Marr; Rebekah Leviston


Testimonials

‘The team work exceptionally well together, always giving clear advice and taking decisive action when agreed.’

‘The team is uniquely positioned, with deep and broad connections in the Scottish charity sector, and access to other key experts from within the wider Brodies portfolio.’

‘Kenneth Pinkerton’s response times are excellent, and his advice is both considered and pragmatic. He is personable, and has taken the time to build a relationship with us, and understand our business and our strategy.’

‘The Brodie’s team are consummate professionals, whilst being wonderfully personable, kind and helpful. They appreciate nuances and always seek to understand the underlying purpose of any given project or task, and as a result, we always work very well together. I know I can turn to them with any questions, simple or complex.’

‘Kenneth Pinkerton has been extremely helpful to me in various instances, ranging from sharing knowledge about terminology and best practice in the legacy giving space, to providing tactical consultation and document development.’

‘Brodies are extremely knowledgeable and offer high quality and well-thought out advice.’

‘Kenneth Pinkerton is one of the leading experts on charity law, governance and regulation in Scotland, and his advice is invaluable.

‘Christine O’Neill has been of tremendous assistance with her clarity of insight and advice on matters of legal and regulatory compliance.’

Key clients

Office of the Scottish Charity Regulator (OSCR)


University of Edinburgh


Durrell Wildlife Conservation Trust


ENABLE Scotland


Scottish Society for the Prevention of Cruelty to Animals (SSPCA)


Royal College of Physicians of Edinburgh


Maggie’s Centres


Royal College of Surgeons of Edinburgh


Edinburgh International Festival


Royal Botanic Gardens of Edinburgh


Work highlights


  • Acting as sole legal adviser to the Scottish Charity Regulator on investigations regarding management and misconduct by trustees, advice surrounding it’s powers sand risks of challenge, providing governance and charity trustee training to the Board, and training to OSCR personnel.
  • Acting for Scotland’s biggest charity in complex issues including student discipline cases, policy matters including free speech and equalities, litigation support, data protection advice, complex employment matters, as well as charity law and VAT advice
  • Providing full-service advice to Scotland’s welfare charity including governance and charity law, data protection and commercial contract work and leading negotiations with the union surrounding a job evaluation scheme.

Anderson Strathern

Accredited charity law specialist Victoria Simpson, Gillian Harkness-McKinlay, and Audrey Cameron jointly steer the team at Anderson Strathern, advising major Scottish clients on the gamut of contentious and non-contentious charity mandates. The ‘experienced and knowledgeable’ practice frequently assists with regulatory issues, acquisition of assets and mergers. With a focus on employment law, Barry Nicol continues to advise high education institutions and independent schools on charity matters, while Douglas McLachlan assists with IP cases.

Practice head(s):

Victoria Simpson; Gillian Harkness-McKinlay; Audrey Cameron


Other key lawyers:

Barry Nicol; Douglas McLachlan


Testimonials

‘The team at Anderson Strathern have provided excellent support, going above and beyond with advice to ensure we have been fully aware of all options and opportunities.’

‘Personable, kind and approachable.’

‘Gillian Harkness-McKinlay has provided excellent support in a way that made her seem part of our team. Her understanding of our options and potential issues really helped us make truly informed decisions.’

Key clients

National Trust for Scotland


University of The Highlands and Islands


Pet Blood Bank UK


University of Strathclyde


Scottish Forestry Trust


Ronald McDonald House Glasgow


Scottish Book Trust


National Library of Scotland


The Royal Zoological Society of Scotland


Sustrans


Work highlights


  • Advised The National Trust for Scotland in respect of its acquisition of the assets and operations of the Willow Tea Rooms Trust SCIO and those of its subsidiary, Mackintosh at The Willow.
  • Advised the University of the Highlands and Islands in respect of the merger of three colleges.
  • Advised Creative Edinburgh in respect of attaining charitable status.

Burness Paull LLP

Burness Paull LLP acts for a wide range of higher education, social housing and healthcare clients on various advisory and regulatory matters. Team leader Graeme Palmer assists with public sector projects, advising charities on acquisitions and corporate governance issues. Other key contacts in the group include Emma Maxwell and Emma Manson, who regularly handle constitutional amendments, obtain charitable status and support charities on various GDPR issues.

Practice head(s):

Graeme Palmer


Other key lawyers:

Emma Maxwell; Emma Manson


Testimonials

‘We found them prompt to respond and good to work with.’

‘Emma Maxwell has become an invaluable adviser to our organisation. We have required assistance on a number of niche and novel issues, and she has taken each in her stride.’

‘Thorough knowledge of the sector with reliable advice and action.’

‘The team at Burness Paull take time to understand the clients requirements, expectations and manage communication effectively and efficiently as a result.’

‘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.’

‘Thorough knowledge of the sector with reliable advice and action.’

Key clients

9CC Group


One Day


Scottish Council for Voluntary Organisations


St Andrew’s Ambulance Association


The Wasps Trust


Local Energy Scotland


Sanctuary Scotland Housing Association Ltd


University of St Andrews


University of West of Scotland


Work highlights


  • Advised St Andrew’s Ambulance Association on adjustments to its Royal Charter.
  • Advised in relation to various aspects of a significant merger project whereby Inspire merged with Community Integrated Care.
  • Advised Local Energy Scotland in connection with various matters in the community renewables field.

Gillespie Macandrew LLP

Led by ‘excellent practitionerLianne Lodge, the practice at Gillespie Macandrew LLP regularly advises on trustee and corporate governance matters, land development projects, and the full range of liability cases. The team also provides comprehensive succession planning advice to high-net-worth individuals, in addition to handling charity restructurings and mergers. Accredited charity specialist Alan Gilfillan re-joined the team from Balfour+Manson LLP in 2023, leading on regulatory inquiries and reorganisation schemes. Fiona Cameron assists with contentious matters and Laura Kirkman advises on asset transfers.

Practice head(s):

Lianne Lodge


Other key lawyers:

Alan Gilfillan; Fiona Cameron; Laura Kirkman


Testimonials

‘The depth and breadth of knowledge and the ability to handle the very different needs of a range of charities is extremely reassuring as well as helpful.’

‘Gillespie Macandrew LLP is a well established firm with skills in the charity sector.’

‘Lianne Lodge was personable and easy to deal with. More importantly, she is clearly excellent in this practice area of the law and efficient at achieving the required outcome.’

‘What truly sets this practice apart is their unique combination of expertise, innovation, and a client-centric approach that ensures unparalleled service which is tailored to each person, in a language easy to understand especially if your not familiar with the sector.’

‘Alan Gilfillan and Laura Kirkman were professional, welcoming, understanding and the experience working with them felt like a partnership which bolstered respect with a true feeling of collaboration for the best outcomes.’

‘Lianne Lodge is an excellent practitioner. Results driven offering practical advice.’

‘Lianne Lodge is generous with her time and offers her extensive experience of the charity sector in a responsive, approachable and efficient way. She is a great speaker on a variety of topics and can explain difficult and complicated issues in an understandable and relatable way.’

‘Alan Gilfillan is helpful, professional, and accurate.’

Key clients

Mount Stuart Trust


Blair Charitable Trust


Johnson & Johnson Foundation Scotland


North Berwick Trust


Eliza Haldane Wylie Fund


Kilchoan Melfort Trust


Westhill Community Church


Vine Trust


Work highlights


  • Advised Westhill Community Church in establishing themselves as a new independent Church in the form of a Scottish Charitable Incorporated Organisation.
  • Acting for The Mount Stuart Trust, working with the trustees to review their strategy particularly around the change in the political environment in Scotland around land ownership.
  • Established a charity for Kilchoan Melfort Trust which significant land and assets are being transferred into.

Harper Macleod LLP

Harper Macleod LLP acts for social housing clients in the charity sector, instructing the team to negotiate and assist with financial objectives. The practice also regularly advises on the full range of data protection and regulatory matters. James McMorrow and Derek Hogg jointly lead the team, with extensive experience in acting for charities on commercial, regulatory, and compliance mandates. With a focus on contentious cases, Jennifer Jack handles judicial review appeals against public bodies and regulators. Fiona Killen is another key contact in the group.

Practice head(s):

James McMorrow; Derek Hogg


Other key lawyers:

Jennifer Jack; Fiona Killen


Key clients

Kilravock Charity Trust


Bowls Scotland


ROHHAD Association


Grampian Housing Association Limited


Blackwood Homes and Care


retailTRUST


Inspiring Scotland


National Autistic Society


Wheatley Housing Group Limited


Caledonia Housing Association Limited


Dumfries and Galloway


Glasgow City Council


Work highlights


  • Acted for Link in negotiating and finalising terms of a new £70.7 million term and revolving credit facility with Bank of Scotland, to be used in furtherance of Link Group’s affordable housing developments, including specific sustainability performance targets which, dependent upon them being met, will deliver improved loan pricing to Link as borrower, thereby evidencing the lender’s own “green finance” objectives.
  • Acting for ICAS, the global professional membership organisation and business network for Chartered Accountants in relation to the dissolution of a Scottish charity, the Scottish Chartered Accountants’ Benevolent Fund and the transfer of its business and assets to a newly-incorporated Scottish Charitable Incorporated Organisation, ICAS Cares.
  • Representing Greenpeace in two separate Judicial Reviews challenging consents by the UK Government to allow Shell UK and Equinor to produce oil and gas from the Jackdaw and Rosebank oil and gas fields respectively.

Lindsays

Lindsays acts for charities, faith-based organisations, higher education institutions and trusts on corporate and trustee governance and regulatory matters, in addition to structural changes. Accredited charity law specialist Helen Kidd leads the team, handling financial authority-related issues and advising high-net-worth individuals on lifetime philanthropy mandates. With considerable experience in employment law, Kate Wyatt and Ben Doherty further bolster the team’s strength by providing strategic advice to charity clients in employment tribunal claims. John Thom advises a variety of third sector organisations, executors, and beneficiaries.

Practice head(s):

Helen Kidd


Other key lawyers:

Kate Wyatt; Ben Doherty; John Thom


Testimonials

‘Helen Kidd is helpful, prompt in responses to our requests for advice and in dealing with follow-up questions.’

‘Kate Wyatt has been excellent with us. Always on hand, really clear direction and insight; happy to challenge us and always very practical and pragmatic.’

‘The team within the firm dealing with charities and not-for-profit bodies are experienced specialists within this field, providing an efficient, comprehensive, courteous and, above all, thoroughly professional service.’

‘Helen Kidd is impressive. She provided pro-active advice to our charity trustees and found a solution to an issue that had been causing a problem for some time.’

‘Lindsays is my go-to firm for charity law and related legal advice. It has been one of the leading Scottish law firms in the charity and not-for-profit sector for many years and I appreciate their impressive knowledge of and involvement with the sector.’ 

‘Helen Kidd is an excellent contact north of the border, and my go-to for Scots law charity work. We have worked closely together on a number of cross-border matters and Helen is always approachable, responsive and pragmatic.’

‘They were incredibly knowledgeable.’

‘Helen Kidd did an incredible job offering advice for our organisation’s needs.’

Key clients

Melville College Trust


Forteviot Charitable Trust


The 5000 Foundation


Carrick Centre


Edinburgh Orthodox Community of St Andrew


Inclusion Scotland


Gatliff Hebridean Hostels Trust


Ponton House Trust


Evangelical Housing Association


Sustainable Faith


Work highlights


  • Advising a unique statutory endowment on a restructure and incorporation as a SCIO .
  • Provided multi-disciplinary advice to an unusual English registered society seeking to dual register with OSCR in a complex matter.
  • Acted on behalf of a locally valuable social enterprise in the swift acquisition of property to enable the opening of an important new community hub.

Morton Fraser MacRoberts

Morton Fraser MacRoberts’ practice excels at assisting charities with a wide range of advisory work, including charitable and corporate governance, data protection and GDPR issues, in addition to structuring matters. The team maintains close relationships with high education institutes, public sector institutions, and registered charities, regularly advising on the full gamut of employment-related mandates. Valerie Armstrong-Surgenor spearheads the team, defending charities in Court of Session actions and advising on sectoral legislation. Other key members of the team include Robin Fallas and Christopher Murphy.

Practice head(s):

Valerie Armstrong-Surgenor


Other key lawyers:

Robin Fallas; Christopher Murphy; Adrian Bell


Testimonials

‘Excellent support and advice.’

‘Robin Fallas and Valerie Armstrong-Surgenor never fail to impress with their expert knowledge and guidance.’

‘Highly professional and knowledgeable.’

Key clients

Greenpeace Nordic


Historic Environment Scotland


People’s Postcode Lottery Trusts


National Trust for Scotland


Aberlour Childcare Trust


Royal Incorporation of Architects in Scotland


Royal Scottish National Orchestra


Changeworks


Community Enterprise in Scotland


Who Cares? Scotland


Work highlights


  • Acting for the Royal Incorporation of Architects In Scotland on matters relating to constitutional changes, governance and commercial matters.
  • Acted for the Blind Veterans UK in relation to the defence of a Court of Session Action for declarator and reduction of a deed of variation.

Shepherd and Wedderburn

The practice at Shepherd and Wedderburn is jointly steered by Malcolm Rust, Christopher McGill, Alexis Graham, Keith McLaren, and Gillian Campbell. The team frequently assists with matters concerning corporate and trustee governance, philanthropy, and formation and reorganisation of charities. The firm’s client roster includes ultra high-net-worth families and individuals, representative and regulatory bodies, and higher education institutions. Emma Read is another key contact in the team.

Practice head(s):

Malcolm Rust; Christopher McGill; Alexis Graham; Keith McLaren; Gillian Campbell


Other key lawyers:

Emma Read


Testimonials

‘Care and consistent personal attention to our charity. Long-serving team with deep support.’

‘Loyalty to the client over decades. Keeping the service fresh and keeping us up to date with legal and administrative matters.’

‘Malcolm Rust is without a doubt one the leading experts in charity law in Scotland and provides an exemplary service. His expertise helps our charity to feel supported and ensures our governance is up to date.’

‘Good knowledge of the charity sector.’

‘Friendly, helpful people. Always quick to respond. Knowledgeable and able to provide timely and insightful advice.’

‘Their attention to detail is exceptional, and they go above and beyond to ensure that their clients receive a level of service that surpasses just a simple fee-paying arrangement. In particular, their knowledge and expertise in the charity sector is truly outstanding.’

‘Approachable, friendly, knowledgeable, and quick to respond.’

‘Trustworthy and reliable.’

Key clients

Scottish Council of Independent Schools


BTO Solicitors LLP

BTO Solicitors LLP’s team services a large number of charity sector and further education clients on a wide variety of issues, including construction, employment, and commercial law matters. Glasgow-based senior associate Marion Davis leads the team, regularly handling governance, contract and regulatory mandates. Laura Salmond and Caroline Carr, accredited employment specialists, continue to assist with the full range of related advisory matters, including voluntary severance processes and budget cuts. Michael Kitson further bolsters the team’s capabilities with his expertise in corporate governance.

Practice head(s):

Marion Davis


Other key lawyers:

Laura Salmond; Caroline Carr; Michael Kitson


Key clients

The Richmond Fellowship Scotland


McSence Limited


Flexible Childcare Services Scotland SCIO


Deafblind Scotland


Tigh A’Chomainn Camphill


Bethany Christian Trust


Glasgow Kelvin College


West Lothian College


Royal National Lifeboat Institution


Clic Sargent Cancer Care for Children


The Scottish Cremation Society Limited


Work highlights


  • Advising The Richmond Fellowship Scotland on a number of significant contract disputes in relation to construction and other matters, and on all general property work.
  • Advising The Royal National Lifeboat Institution long term on its Scottish operations, including its large number of Scottish lifeboat stations.
  • Advising The Kinning Park Complex on its funding and security arrangements, including documentation to obtain further funding.