Charities

Question 1

IRC v Baddeley

Answer 1

“Relief of poverty” connotes a need of some sort, home or some other necessity.
Trust benefitting methodists in a geographical area wasn’t a sufficiently wide section of the public, was a group within a group.

Question 2

Re Sanders

Answer 2

If there is no requirement of being poor in a trust it is not charitable.

Question 3

Re Niyazi

Answer 3

Gift to working mens’ hostel was valid as hostel suggests a modest dwelling for those in need.

Question 4

Re Shaw

Answer 4

Mere acquisition of knowledge isn’t itself charitable, must be combined with dissemination of knowledge.

Question 5

Re Hopkins

Answer 5

More sympathetic view, research being of educational value to researcher or potentially passing into the store of educational material meant trust was valid.

Question 6

McGoven v Attorney-General

Answer 6

Judge thought that research in a useful subject would be charitable provided results are shared in some form.

Question 7

Thornton v Howe

Answer 7

Trust established for publication of writings of a religious mystic was charitable.

Question 8

Re South Place Ethical Society

Answer 8

Ethical principles mean no belief in the supernatural. Religion concerns man’s relationship with God, ethics concern man’s relationship with man.

Question 9

Human Dignity Trust v Charities Commission

Answer 9

Objects of the trust were to support homosexual individuals in countries where homosexuality is illegal through strategic litigation within domestic and international legal systems Decided to be charitable as the organisation was acting within the constitutional framework. Strategic litigation wasn’t seperate purpose and wasn’t political, was a means of upholding law, not challenging it.

Question 10

Bowman v Secular Society

Answer 10

Trusts for political purpose invalid as “the court has no means of judging whether a proposed change in the law will or will not be for the public benefit”

Question 11

National Anti-Vivisection Society v IRC

Answer 11

Three arguments in favour of the no political purpose rule:
Courts are not in a position to establish that a change in the law is for public benefit.
Judges should not be seen to be upholding purposes that seek to change what Parliament has enacted.
It is politically inappropriate for the Attorney-General to enforce purposes which seek to overturn the government of which he/she is part.

Question 12

Gilmore v Coates

Answer 12

Gift to order of nuns, no public benefit as the nuns were secluded and did not interact with the public

Question 13

Re Heatherington

Answer 13

Gift to catholic church was charitable as masses were said in public.

Question 14

Oppenheim v Tobacco Securities Trust

Answer 14

Fund was established for the education of employees of British American Tobacco, 11,000 employees, held not to be a section of the public as there was a personal connection between them (common employer).

Question 15

Dingle v Turner

Answer 15

Lord Cross felt decision should depend on the purpose for which the trust was established, availability of tax privileges should also be considered.

Question 16

Chichester Diocesan Board v Simpson

Answer 16

Gift left on trust for “such charitable institutions or other charitable or benevolent objects” or suggested that the gift could be used for non charitable purposes, not a trust, had to be all charitable.

Question 17

Re Coulthurst

Answer 17

Poverty does not mean destitution, it means going short in regard to their status in life.

Question 18

Re Gwyon

Answer 18

Money was left to provide short trousers for everyone in Farnham, no requirement of being poor, trust failed.