What is CASCAIDr Trading Ltd for?
The purpose of the Trading Company is to support the charitable purposes of CASCAIDr, by generating a margin from charging more typically commercial rates to those seeking advice, in appropriate circumstances.
CASCAIDr Trading Ltd is a
company owned by CASCAIDr (the charity) for the
purposes of providing broader legal services for payment, for matters outside
the public law/care and health law legal scope of the Charity’s work and
purposes, and for providing services for payment to entities that we are not allowed
by the Charity Commission to treat as beneficiaries of the charity, for our
free or lower cost advice.
Who are the customers of CASCAIDr Trading?
CASCAIDr Trading Ltd has two categories of Customer:
o CT Clients may be individuals or commercial (for profit, non-charitable) entities
o CT Clients will receive chargeable legal advice at an affordable but more commercial rate through CASCAIDr Trading Ltd.
o CT Subscribers will receive legal advice as part of their annual subscription packages.
CASCAIDr Trading will sell advice to other individuals whose problems are not within the free or low cost scope subject matter, so as to assist with the generation of profit for the charity.
matters that will be handled by CASCAIDr Trading Ltd
at our Trading Co rates:
• Complex matters for individuals taking in housing, homelessness or education matters as well as social care or health law
• Non-current (at our discretion) claims related to reimbursement of CHC fees or s117 payments
• Supporting Intervention in legal proceedings in the Court of Protection brought by public bodies in the context of safeguarding (because this is not done under their public law statutory functions) where the perceived cause of the problem is a person seeking our advice and that person is not being seen that way just because of making a public law based complaint
• Advice to organisational or self-employed individual service providers of all types as part of a contracted annual subscription for a membership package
• Advice to commercial providers regarding their disputes with public bodies’ commissioners of health or social care and support
CASCAIDr Trading Ltd will also sell to not for profit companies and commercial organisations, a range of training materials and advice at the highest possible commercially viable price, so as to assist with the generation of profit.
Scope of the Trading
CASCAIDr Trading will try to focus its energies on supporting organisations with publicly funded clients, thus ensuring that the overall purpose remains focused on the charitable purposes of such organisations, for the benefit of end users, even if the recipient business are not charities themselves.
We would also provide advice through the Trading Company or the Trading Company’s package deal terms, if a commercial provider currently had no publicly funded clients, but still wanted advice about how to do business with the NHS or the LA in future, or wanted advice about privately funded clients’ rights when facing depletion of their capital assets.
between the two companies
The Trading Company will share some indivisible expenses WITH CASCAIDr, and, to that extent, support its charitable work.
Its main purpose is to provide
income by way of gifted distributable profit to the parent company.
Its contribution to CASCAIDr’s charitable purposes is seen as follows:
- tax effective donation to income;
- a vehicle for conveying the overall educational message that legal literacy matters in health and social care;
- sharing of expenses, such as
subscriptions to case management systems which will be used by both companies;
software and IT support cost sharing;
professional development of any volunteers providing support – such as subscriptions to the Legal Action Group’s bulletin, or Lawtel;
sharing of insurance expenses which are commonly made available jointly to charities with a trading subsidiary, etc.
The information behind the operating protocol on the CASCAIDr website, distinguishes very explicitly between the two companies, eg regarding the contractual status of those paying for advice, provided by either CASCAIDr or CASCAIDr Trading. For example, non-contractual beneficiaries will be owed a duty in tort, and those who are customers or Trading Company clients will be owed a duty in contract.
The control of the trading company is exercised through Board representation by one of the Charity’s trustees; secondly through the shareholding of the charity in the trading company, constituting a 100% holding, and lastly through formal resolutions for the adoption of Board policies for pricing and fee-paying
It will not be practically or contractually possible for a person or an organisation to be the client of both organisations at one and the same time in relation to the same matter.