Charities Flashcards
(70 cards)
What court was Oppenheim heard in and what was the split?
HoL - 4:1
What are the key facts of Oppenheim
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
What was the majority judgment in Oppenheim
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)
Who dissented in Oppenheim and what was their view
MacDermott: The personal nexus test is arbitrary and artificial.
What is the principle of Oppenheim
The class to be benefited by a charitable trust must not be defined by their personal relationship to a person or company
What court was Dingle v Turner heard in and what was the split
HoL - unanimous
What are the key facts of Dingle v Turner
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
Who have the leading judgment in Dingle v Turner and what was it
Lord Cross: To draw a distinction between different types of poverty trusts (eg relations vs employees would be illogical.
What is the principle of Dingle v Turner
All poverty trusts are subject to a relaxed public benefit test.
What order should you address a charities question
- Three certainties (Knight v Knight)
- Objects (no need for Bs but must be charitable and for the public benefit)
- Is it charitable?
- Is it for the public benefit? (poverty / non-poverty)
Where does it say that a charity must be for charitable purposes ONLY?
s1(1)(a) Charities Act 2006
Where does it say that charities must be for the public benefit?
s2(1)(b) Charities Act 2006
Not a charitable purpose: “benevolent purposes”
James v Allen
Not a charitable purpose: “public purposes”
Vezey v Jamson
Not a charitable purpose: “worthy causes”
Re Atkinson’s
Not exclusively charitable: use of word “or”
Chichester Diocesan Board v Simpson (charitable institutions OR other benevolent objects)
Poverty is a relative concept: failed investment fund
AITC foundation
Working class are not neccessarily poor
re Sanders
Hostel for working class during a housing shortage WAS charitable
Re Niyazi
Members of my club who fall on evil days / distressed gentlefolk WAS charitable (poverty)
Re Young
Ladies of limited means was charitable (poverty)
Re Gardom
Research is charitable
Re Hopkins (Shakespeare)
Research is NOT charitable where propagandist / political
Re Shaw (alphabet)
CA 2006 definition of religion
can be no god / more than one god s2(3)(a)
