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Independent Schools Council v Charity Commission for England and Wales [2011] UKUT 421 ( TCC )
Author(s) -
Synge Mary
Publication year - 2012
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2012.00917.x
Subject(s) - commission , political science , law , public administration , operations research , law and economics , sociology , engineering
This note provides a critical analysis of the U pper T ribunal's decision and questions its proposed application and legal justification. The author suggests that the U pper T ribunal has introduced a third sense of public benefit and that this relies upon a circular rationale which is informed by policy rather than law.