The Two Elements of Public Benefit

Question 1

Presumption

What does s.4(2) of the CA 2011 state?

Answer 1

s.4(2) states that there is no presumption that certain purposes benefit the public.

Question 2

What are the two elements of public benefit?

Answer 2

The nature of the purpose must benefit the community.

Those who benefit must constitute a section of the public rather than a private class of individuals.

Question 3

How did Re Coats’ Trust v Gilmour [1948] Ch 340 define a “benefit”?

Answer 3

A benefit is something that produces a “demonstrable impact” on the community or a sufficient section of the community.

Question 4

Personal connection

What did Re Scarisbricks WT (1951) state and for which concept?

Answer 4

The Court of Appeal established that charities for the relief of poverty are exempt from the general principle that there must be a personal connection within the definition of the pool from which the beneficiaries may be drawn.

Poverty.

Question 5

What did Oppenheim v Tobacco Securities Trust (1951) AC 297 state that the two characteristics of a section of the public are?

Answer 5

The number of beneficiaries should not be numerically negligible.

The thing which the beneficiaries have in common must not be by way of a relationship to an individual - The Personal Nexus test.

Question 6

Extended

What did Dingle v Turner [1972] AC 601 state?

Answer 6

It extended the poor relations case to “poor employees”.

Question 7

Is a gift to a vicar “for parish work” deemed valid or invalid (with the case)?

Answer 7

Invalid.

Farley v Westminster Bank [1939] AC 430.

Question 8

Is a gift to a vicar “for his work in the parish” deemed valid or invalid (with the case)?

Answer 8

Valid.

Re Simpson [1946] Ch 299.