Unit 4 Flashcards
Preamble to the Statute of Charitable Uses 1601
- Relief for the aged, poor, and sick.
- Support for soldiers, mariners, and education (e.g., schools, universities).
- Repair and maintenance of infrastructure (bridges, ports, highways, etc.).
- Aid for orphans and provision of houses of correction.
- Assistance for the marriages of poor women.
- Support for young tradesmen and handicraftsmen.
- Redemption of prisoners and captives.
- Relief from taxes for poor inhabitants.
Section 3(1)(a) of the Charities Act 2011
the prevention or relief of poverty;
Section 3(1)(b) of the Charities Act 2011
the advancement of education;
Section 3(1)(c) of the Charities Act 2011
the advancement of religion;
Section 3(1)(f) of the Charities Act 2011
the advancement of the arts, culture, heritage or science;
Section 3(1)(h) of the Charities Act 211
Advancement of human rights, etc
Section 3(2)(a) of the Charities Act 2011
(i) A religion involving belief in more than one god,
(ii) A religion not involving belief in a god.
s.1(1)(a) of the Charities Act 2011
defines a ‘charity’ as one which ‘is established for charitable purposes only’
Section 4(1) of the Charities Act 2011
A charitable purpose under section 3(1) must provide public benefit to meet the “public benefit requirement.”
Section 4(2) of the Charities Act 2011
It cannot be assumed that a purpose inherently benefits the public; this must be proven for section 3(1).
section 67 of the CA 2011
When applying cy-près, the court or the Commission must have regard to the following matters
67(3)(a) - The spirit of the original gift
67(3)(b) - The desirability of securing that the property is applied for charitable purposes which are close to the original purposes
67(3)(c) - The need for the relevant charity to have purposes which are suitable and effective in the light of current social and economic circumstances
Dingle v Turner
There are fiscal and legal types of advantages.
Inland Revenue Commissioners v Pemsel (1891)
Four heads of charity:
* for the relief of poverty
* for the advancement of education
* for the advancement of religion
* for other purposes beneficial to the community
Re Coulthurst
Poverty does not mean destitution; individuals need not be completely destitute to qualify as poor. A fund for widows and orphans of bank officers was valid, as evidence showed they needed assistance. The word “poverty” is not required in the trust’s wording if the intent to relieve poverty is clear.
Re de Carteret [1933]
Charity to assist the “distressed” was valid as they were deemed poor enough.
Re Young [1951]
“Fallen on evil days” was considered sufficient to indicate poverty.
Re Gwyon [1930]
A trust to provide clothing for boys aged 10-15 was invalid as it lacked a poverty condition. The trustees could not exclude affluent beneficiaries, and the gift did not specifically target those in need.
Re Drummond [1914]
A bequest for holiday expenses of spinning department employees was invalid, as the beneficiaries could not be regarded as poor.
Re Sanders’ WT [1954]
A trust to provide dwellings for the “working classes” was invalid, as the term did not specifically indicate poverty.
Helena Partnership Ltd [2012] EWCA Civ 569
A housing association providing rental accommodation was denied charitable status, as it did not clearly state that only the poor would benefit.
Re Niyazi’s WT [1978] 1 WLR 910
A trust to fund a working man’s hostel in a needy area was valid, as the judge concluded it was intended for the poor.
AG v Margaret & Regius Professors at Cambridge
The advancement of education was expressly recognised as a charitable purpose.
Gifts for academics can be for the advancement of education
Case of Christ’s College, Cambridge (1757)
Advancement of education covers paying salaries of teachers/administrative staff
Re Shaw
A school to train pickpockets was deemed not charitable, as teaching alone does not suffice for the advancement of education.
Re Hummeltenberg
Training spiritual mediums was held invalid as a charitable purpose.
Re Mariette
Squash courts were deemed valid for advancing education through leisure activities.
Re Dupree
A youth chess competition was recognised as valid for educational purposes.
McGovern v Attoerney General
For research to be charitable:
1. It must focus on a useful area of study.
2. Its results must benefit the public.
3. It must aim for publication.
Re Shaw
Research to replace the 26-letter alphabet with a 40-letter one was not deemed charitable, as it merely increased knowledge without advancing education or involving teaching.
Re Hopkin’s WT
Research on the authorship of Shakespeare’s works was held valid as charitable. Education was interpreted broadly, requiring research to have educational value or contribute to expanding educational material.
Re Delius
A trust promoting the appreciation of composer Frederic Delius’s music was valid, as it is charitable to support music of recognised value.
Re Pinion
A trust to create a museum for the testator’s art collection was invalid, as the court deemed the collection lacked artistic merit. The court deemed the contents of the collection to be a pile of junk. The Charity Commission takes a broad view of art but requires a demonstrable criterion of merit.
RCS v National Provincial Bank
Learned societies and professional bodies, such as the Royal College of Surgeons, Royal College of Nursing, Institution of Civil Engineers, and Society of Legal Scholars, are recognised as charities.
Bowman v Secular Society Ltd
Religion is commonly associated with monotheism (belief in one God).
traditional approach
Neville Estates v Madden
The law remains neutral between religions but assumes any religion is likely better than none.
Re South Place Ethical Society
Faith in and worship of God are essential attributes of religion. The trust was invalid as there was no worship of a God.
