As near as possible: the cy-près doctrine and community sporting associations

Moorhouse, E. and Browning, L. (2025) As near as possible: the cy-près doctrine and community sporting associations. Trusts & Trustees. pp. 1-9. ISSN 1752-2110

[thumbnail of This is a pre-copyedited, author-produced version of an article accepted for publication in Trusts & Trustees following peer review. The version of record is available online at: https://doi.org/10.1093/tandt/ttaf096. © The Author(s) (2025)] Text (This is a pre-copyedited, author-produced version of an article accepted for publication in Trusts & Trustees following peer review. The version of record is available online at: https://doi.org/10.1093/tandt/ttaf096. © The Author(s) (2025))
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Abstract

This article explores the application of the cy-près doctrine within the context of community and amateur sport. While designed to preserve charitable intent when a gift’s original purpose fails, cy-près presents distinct challenges in grassroots contexts where sentiment, informality, and civic spirit often outweigh legal precision. Community sports clubs, deeply embedded in local identity yet structurally fragile, increasingly depend on charitable funding. When these organisations dissolve or lose status, courts must determine how to redirect gifts without undermining donor intent. This article reframes cy-près as a measure of public trust in charity law—one that must evolve to preserve not just the gift—but the shared values and local identities that inspire it.

Publication Type: Articles
Uncontrolled Keywords: Cy-près doctrine, amateur sport, community sports clubs, charitable gift, donor, equity
Subjects: H Social Sciences > HV Social pathology. Social and public welfare > HV40 Social service. Social work. Charilty organisation and pracitce
K Law > K Law (General)
K Law > KD England and Wales
Divisions: Academic Areas > Institute of Arts and Humanities > Law
Research Entities > POWER Centre
SWORD Depositor: Publications Router Jisc
Depositing User: Publications Router Jisc
Date Deposited: 20 Jan 2026 11:56
Last Modified: 20 Jan 2026 11:56
URI: https://eprints.chi.ac.uk/id/eprint/8434

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