Ben Brice Legal Director
Ben leads Blake Morgan's Charities team. He acts for charities and not-for-profits across England & Wales, advising on charity law, governance and related regulatory and commercial issues.
Main areas of practice
Ben has extensive experience assisting charities navigate governance, constitutional, regulatory and associated commercial matters in the context of developing charity and company legislation and in the face of the increasingly tight regulation.
Ben advises on a wide range of charity law issues including charity formation, registration and incorporation, joint ventures, commercial participation agreements, brand protection and intellectual property licensing, data protection, and contract drafting and negotiation. Ben is well versed in dealing with relevant regulators, including the Charity Commission and the Privy Council, and providing practical and pragmatic advice where it is needed.
Ben's clients include charities, schools, academies, universities, colleges, social housing providers and other not-for-profit organisations and social enterprises throughout England & Wales.
- Advising charity trustees and liaising with the Charity Commission regarding the transfer of charity assets to a not-for-profit organisation, which was not itself a registered charity, and which would result in the transferring charity's dissolution, in a manner which was in compliance with charity law.
- Establishing a charity to assume responsibility for management and operation of local authority’s sports and leisure facilities, and negotiating contractual arrangements whereby charity was able to provide services to the council, leasing the properties necessary to do so, and with ability to subcontract aspects of the work to ensure VAT efficient transfer of the undertaking.
- Advising a registered charity regarding the provision of loan funding in the form of a program related investment facility to its subsidiary for the purposes of financing the design and build of a social housing development.
- Advising a charity on the benefits and disadvantages of proposed options for collaboration and/or merger with larger umbrella charity. Advice provided in context of ensuring client's retention of identity and control over its funds and effecting changes to its Royal Charter constitution with the Privy Council.
- Experienced in establishing and registering charities of all natures (including companies limited by guarantee, CIOs, trusts and royal charter companies), incorporating unincorporated associations and negotiating constitutional amendments with the Charity Commission and other regulators as necessary.
Note: This list includes matters that were handled by Ben Brice before joining the firm.
Education: As part of Blake Morgan's Education team, Ben advises on academy conversions and formations (including sixth form academies), school mergers, and provides governance advice to these and other educational charities, including universities and colleges.
Training/Seminars: Ben provides tailored trustee training to clients and presents at conferences and seminars (in-house and externally).
The Charity Commission issued an Official Warning to the RSPCA on 22 August 2018, which criticised the organisation's recent decision to agree a substantial financial settlement with its former Acting Chief Executive upon his resignation in May this year.
Safeguarding hit the headlines again last week, as the International Development Committee published a report focusing on exploitation and abuse in the aid sector.
Find out what we can learn from the data breach at the Bible Society and how to take the appropriate action.
Articles by Ben
The Court of Appeal has confirmed a first instance decision of the High Court that a member of a charitable company owed fiduciary duties to that charity.
Law firm Blake Morgan has appointed experienced charity lawyer Ben Brice as a legal director, further strengthening its offering within its commercial services division.
Related Knowledge & Resources
The Law Commission has issued a report on Technical Issues in Charity Law and has made a series of fairly radical recommendations to make the acquisition and disposal of property by a Charity simpler. Our expert explains.
In HR Magazine, Holly Cudbill, considers the vexed question of whether employees who undertake sleep-in shifts are entitled to the national minimum wage (NMW) throughout the entire time they are asleep, or only when they are awake to carry out duties.
Matthew Smith and Tom Shears (instructing Keith Bryant QC and Saul Margo of Outer Temple Chambers) have successfully defended Swansea University and the Trustees of its pension scheme in an appeal in the Court of Appeal.
A guide to how Blake Morgan can help with your Academy conversion.
Our Education team is one of the most experienced of its kind, and provides expert advice to over 50 further education colleges, Oxford colleges, universities and higher education charities.
Our team of specialist lawyers provide a comprehensive range of legal services and support to Independent schools and parents.