Moorhouse and Browning, ‘As near as possible: the cy-près doctrine and community sporting associations’

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.

Ellie Moorhouse and Luke Browning,As near as possible: the cy-près doctrine and community sporting associations, Trusts & Trustees. Published: 16 December 2025.

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