Clive Cutbill

Clive Cutbill

Clive was educated at University College London. Upon qualifying as a Solicitor in 1985 he joined Herbert Smith, where he became a partner in 1995. He moved to Withers as a partner in September 2000 and is now a Principal in the Charities and Philanthropy Department of Withers LLP.  In addition to providing advice to a number of ‘household name’ charities and charities with City livery connections on governance and operational issues, Clive leads the philanthropy practice at Withers, advising both charities and donors in relation to tax-efficient giving and funding.  His practice extends beyond the domestic to the cross-border context, including the establishment of US/UK dual qualified charity structures and advice on venture philanthropy, social investment and the structuring of transactions involving charities and others so as to deliver maximum social benefit.

He acted in two leading High Court cases concerning trustees’ powers and duties: Hillsdown Holdings plc v. Pensions Ombudsman (1996); and Public Trustee and Anor v. Cooper and Ors (1999) and has been acknowledged as a major contributor to the debate concerning the powers of trustees to adopt a socially responsible approach to the investment of their funds.

Clive is a member of the Charity Law Association and the Society of Trust and Estate Practitioners (‘STEP’).As chair of the STEP England & Wales Anti-money Laundering Task Force, he has been involved in discussions with HM Treasury, MEPs, the European Commission and the Financial Action Task Force of the OECD regarding the fight against money laundering and terrorist financing.  His combination of knowledge and experience in the fields of trust and charity law, on the one hand, and money laundering and terrorist financing issues, on the other, has been described as ‘unique’.

He has recently collaborated with German lawyers on the English chapter of a book entitled ‘Handbuch des Internationalen Stiftungsrechts’ (Zerb Verlag, 2007) and has been commissioned by Cambridge University Press (with Alison Paines another Principal in the Charities and Philanthropy Department of Withers LLP) to edit a new book entitled ‘The Law and Practice of International Charitable Giving’.  He is one of the editors of Sweet & Maxwell’s ‘Practical Trust Precedents’ and ‘Practical Will Precedents’ and contributes chapters on governance to Tolley’s ‘Charities Manual’.He also lectures regularly, both within the UK and overseas. 

He was a member of the Finance and Services Committee and the Audit Committee of Tearfund (a national relief charity) for nine years and is currently a trustee of the WO Street Charitable Foundation (a substantial grant-making charity) and of the Capital Community Foundation, covering the Greater London area.

tel: +44 (0)20 7597 6095

email: clive.cutbill@withersworldwide.com

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