Flashcards
Trusts - Charitable Trusts
Cards in this deck (8)
- 1SCOTTISH BURIAL REFORM SOCIETY v GLASGOWUses chain of analogy method from previous case law to decide that provision of a crematorium is a legally charitable purpose
- 2VANCOUVER REGIONAL FREENET ASSOCIATION v MNR [1996]- Using Statute of Charitable Uses, 1601 - provision and repair of high ways is charitable - analogise that access to information super-highway (Eg the internet) is a charitable purpose
- 3MORICE v BISHOP OF DURHAM (1805)Whether a purpose is charitable is a legal question - start by looking at purposes set out in STATUTE OF CHARITABLE USES 1601
- 4PEMSEL [1891]Four Pemsel head:
1. Relief of poverty
2. Advancement of education
3. Advancement of religion
4. 'Other purposes beneficial to the community'
FORMED THE STARTING POINT FOR COURTS THROUGHOUT THE 20th CENTURY - 5R (INDEPENDANT SCHOOLS COUNCIL) v CHARITY COMMISSION [2012]- Fee charging schools cannot be considered charitable if they exclude the poor - owe a duty to provide benefits to poor members of public
- For the Ts to decide the nature and extent of such benefits - 6CHICHESTER DIOCESAN FUND v SIMPSON [1944]- Purpose must be EXCLUSIVELY CHARITABLE
- Gift "for charitable institution or benevolent objects"
- Benevolent is no synonymous with charitable - not exclusively charitable purpose - 7GUILD v IRC [1992]'similar purpose' can be interpreted to mean also a charitable purpose - exclusively charitable
- 8NATIONAL ANTIVIVISECTION SOCIETY v IRC [1948]CoA and HoL: political purposes are NOT charitable
- Courts are unable to judge public benefit of change of law - job is to apply the law as it is
- Constitutionally inappropriate - courts usurping legislation
- Puts AG in a difficult position if purpose of trust is to overturn govt
Decisions in NZ and AUS recently suggest they would not bar political purpose trusts as charitable - makes UK look behind the times
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- Undergraduate Laws LLB (TRUSTS) Flashcards on Trusts - Charitable Trusts, created by Bethany Fieldhouse on 18/08/2018.
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- Bethany Fieldhouse
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