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Trusts > Charities > Flashcards

Charities Flashcards

1
Q

What court was Oppenheim heard in and what was the split?

A

HoL - 4:1

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2
Q

What are the key facts of Oppenheim

A

Discretionary trust for providing educationn for children of employees and ex-employees
Because it was in perpetuity, it needed to be charitable to be valid
The issue was whether it was for the PUBLIC BENEFIT

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3
Q

What was the majority judgment in Oppenheim

A 
Simonds: To be charitable, a trust must benefit a section of the public whose numbers are not neglibible.
The quality that distinguishes the class from the rest of the public must not depend on their relationship to another individual or company (ie private in nature)
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4
Q

Who dissented in Oppenheim and what was their view

A

MacDermott: The personal nexus test is arbitrary and artificial.

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5
Q

What is the principle of Oppenheim

A

The class to be benefited by a charitable trust must not be defined by their personal relationship to a person or company

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6
Q

What court was Dingle v Turner heard in and what was the split

A

HoL - unanimous

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7
Q

What are the key facts of Dingle v Turner

A

Trust to pay pesions to poor employees of a company.
Issue was whether the poor relations exception to the public benefit test extended to poor employees / poverty in general

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8
Q

Who have the leading judgment in Dingle v Turner and what was it

A

Lord Cross: To draw a distinction between different types of poverty trusts (eg relations vs employees would be illogical.

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9
Q

What is the principle of Dingle v Turner

A

All poverty trusts are subject to a relaxed public benefit test.

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10
Q

What order should you address a charities question

A
  1. Three certainties (Knight v Knight)
  2. Objects (no need for Bs but must be charitable and for the public benefit)
  3. Is it charitable?
  4. Is it for the public benefit? (poverty / non-poverty)
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11
Q

Where does it say that a charity must be for charitable purposes ONLY?

A

s1(1)(a) Charities Act 2006

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12
Q

Where does it say that charities must be for the public benefit?

A

s2(1)(b) Charities Act 2006

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13
Q

Not a charitable purpose: “benevolent purposes”

A

James v Allen

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14
Q

Not a charitable purpose: “public purposes”

A

Vezey v Jamson

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15
Q

Not a charitable purpose: “worthy causes”

A

Re Atkinson’s

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16
Q

Not exclusively charitable: use of word “or”

A

Chichester Diocesan Board v Simpson (charitable institutions OR other benevolent objects)

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17
Q

Poverty is a relative concept: failed investment fund

A

AITC foundation

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18
Q

Working class are not neccessarily poor

A

re Sanders

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19
Q

Hostel for working class during a housing shortage WAS charitable

A

Re Niyazi

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20
Q

Members of my club who fall on evil days / distressed gentlefolk WAS charitable (poverty)

A

Re Young

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21
Q

Ladies of limited means was charitable (poverty)

A

Re Gardom

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22
Q

Research is charitable

A

Re Hopkins (Shakespeare)

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23
Q

Research is NOT charitable where propagandist / political

A

Re Shaw (alphabet)

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24
Q

CA 2006 definition of religion

A

can be no god / more than one god s2(3)(a)

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25
Q

Religion does not extend to philosophies

A

CC decision on Scientology - no element of worship

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26
Q

Private masses are probably charitable

A

Hetherington

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27
Q

Cloistered nuns are not charitable

A

No tangible benefit Gilmour v Coates

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28
Q

Convents which provide services ARE charitable

A

Society of the precious blood

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29
Q

Eg of a liberal interpretation of religion

A

Thornton v Howe (BUT politically motivated)

30
Q

Religion creates a rebuttable presumption of public benefit

A

Funnel v Stewart

31
Q

Religion will be of public benefit unless subversive of all morality

A

Thornton v Howe

32
Q

Hospitals can be charitable if fee-paying as long as not directed toward profit

A

Re Resch

33
Q

Holistic therapy is charitable

A

HoL select committee

34
Q

Spiritual healing is charitable

A

cc

35
Q

Libraries and museums are charitable

A

British Museum v White

36
Q

“a mass of useless junk” is not charitable (arts culture etc)

A

Pinion

37
Q

Starting point for a q on charities

A

Knight v Knight, then Morice v Bishop of Durham, then statute

38
Q

What 4 points do you need to cover in a charities q

A
  1. Is it (exclusively) charitable? 2. Is it for the public benefit? 3. Perpetuities 4. Failure
39
Q

3 cases on whether exclusively charitable

A

WORTHY: Re Atkinson’s. BENEVOLENT: James v Allen. Charitable OR benevolent Chichester Diocesan Board v Simpson

40
Q

Worthy is not charitable

A

Re Atkinsons

41
Q

Benevolent is not charitable

A

James v Allen

42
Q

Can the wording be saved

A

Yes, by the administration of justice act 1982, s13

43
Q

4 poverty cases

A

Working class: Sanders; Hostel: Nyazi; Relativity: AITC foundation, Evil days: Young

44
Q

3 education cases

A

Wide ambit: IRC v McMullen; Research: Hopkins; Propaganda: Shaw

45
Q

Definition of religion

A

Statute - no or many gods; CC - Scientology NOT bc no worship

46
Q

Liberal interpretation of religion

A

Thornton v Howe, Re Watson

47
Q

Private masses probably are

A

hETHERINGTON

48
Q

Religion gives rise to a presumption of pub ben

A

Funnel v Stewart

49
Q

Pub ben assumption re religion rebuttable by

A

doctrines subversive of all morality Thornton v Howe

50
Q

Pub ben of religion must be tangible

A

Gilmour v Coates, Socieaty of Precious Blood

51
Q

hospitals can be fee paying

A

Re Resch

52
Q

Spiritual healing and holistic therapy are charitable

A

CC, HoL

53
Q

2 arts and culture cases

A

museums and libraries are charitable: British Museum v White; Not junk: Pinion

54
Q

Sports - tax avoidance

A

IRC v McMullen; GMC of NZ - consequential benefit

55
Q

Human rights case

A

Koeppler (Wilton Park) pursuit of truth - OK to be political if only ancillary

56
Q

There must be an element of relief

A

Joseph Rowntree memorial Trust HA

57
Q

Animal charities

A

Humans win - Nat anti vivisection society

58
Q

What is the public benefit principle (and case)

A

Verge v Somerville: The class of beneficiaries must constitute the public as a whole or an appreciably important class of the community

59
Q

Test for non poverty and majority and dissenting views

A

Cannot be defined by a personal nexus. Simonds: by relation to employer would be an unhealthy extension of charity law. Macdermott: Rule is artificial and arbitrary

60
Q

Test for poverty trusts

A

Is more relaxed - Dingle v Turner. Cross; to distinguish between different types of poverty would be illogical

61
Q

Threshold for public benefit

A

75: was OK in Koettgen. No threshhold in Black Box was not allowed

62
Q

Class within a class is NOT OK (pub ben)

A

Baddeley

63
Q

A gift over from non charity to charity has to vest within the perpetuity period

A

Lord Stratheden and Campbell

64
Q

A gift over from one charity to another can happen at any time

A

Christs Hospital v Grainger AND perpetuities and Accumulations Act 2009

65
Q

What is the starting rule for failure

A

Re Rymer - Initial failure, no trust, gift to seminary which had closed

66
Q

Case to illustrate subsequent failure

A

Slevin, orphanage closed after death - interest had vested. No need for general charitable intent.

67
Q

4 ways to fix initial failure

A
  1. Endowed charity (never ends) faraker. 2. Purposes (unincorporated) never end: Fingers; 3. General Charitable intent - cause. 4. General charitable intent - mistake
68
Q

3 cases for general charitable intent - cause

A

Look to the will: satterthwaite - hated people. Not too specific: Wilson. Some spec. But some specificity can be overlooked: Lysaght - Paramount intention to benefit charity, notwithstanding impracticable to carry out minor elements.

69
Q

2 cases for general charitable intent - mistake

A

Peace society: Re harwood; Blind School in Keighly - Re Spence (Charities NEVER existed)

70
Q

2 ways to save subsequent failure

A
  1. Apply to charity commission for clarification. 2. Cy Pres under Charities Act 1993, as per Peggs v Lamb - Freemen of Huntingdon

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