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Mark Mullen

| Call 2001

Profile: Education

Mark has extensive experience of the School Sites Acts, the Literary and Scientific Institutions Act 1854 and the Reverter of Sites Act 1987.  He deals with the drafting of, and challenges to, Charity Commission schemes relating to school sites and school mergers.  He has also frequently advised on issues relating to the implementation of the Academy and Free Schools programmes.

Cases

Allis and another v. (1) The Charity Commission for England and Wales (2) Lytham Schools Trustee Ltd and (3) United Church Schools Trust CA/2011/0007 (First-tier Tribunal (Charity), Judge Hinchliffe and tribunal members). Charity – King Edward VII and Queen Mary School, Lytham – appeal against the making of a cy-près scheme – scope of section 13(1)(c) of the Charities Act 1993 – ‘spirit of the gift’. Mark Mullen acted for the third respondent.

Ground and others v. (1) The Charity Commission for England and Wales and (2) The Guildford Diocesan Board of Finance CA/2011/0004 (First-tier Tribunal (Charity), Judge McKenna and tribunal members). Charity – Dunsfold Church of England School – appeal against the making of a cy-près scheme – ‘spirit of the gift’. Mark Mullen acted for the appellants.

R. (Independent Schools Council) v. The Charity Commission for England and Wales; H. M. Attorney General v. The Charity Commission for England and Wales [2012] Ch. 214; [2012] 1 All ER 127 (Upper Tribunal, Warren J. sitting with Judge McKenna and Judge Ovey). Charity – Public benefit and fee charging schools – Reference by Attorney General under Charities Act 1993 as amended – Questions referred answered – Application for judicial review of Guidance issued by Charity Commission. Mark Mullen acted for the Attorney General, led by William Henderson.

R. (Independent Schools Council) v. The Charity Commission for England and Wales [2011] ACD 2 (Administrative Court, Sales J.). Permission to judicially review Charity Commission Guidance. Mark Mullen appeared for the Attorney General, led by William Henderson.

Mark Mullen
“An excellent grasp of the independent schools sector.”

The Legal 500