Property Law - Legally Charitable Purposes Flashcards Preview

Law Second Year > Property Law - Legally Charitable Purposes > Flashcards

Flashcards in Property Law - Legally Charitable Purposes Deck (92):
1

CA 2011 section 3

'Pemsel heads of charity' under 13 heads

2

What section of what Act covers the 'Pemsel heads of charity'?

CA 2011 section 3

3

How many heads are under CA 2011 section 3?

13

4

Name three legally charitable purposes

Prevention/relief of poverty; advancement of education; advancement of religion

5

What did the preamble to Charitable Uses 1601 say of prevention/relief of poverty?

'Relief of aged, impotent and poor people

6

S.3(1)(j) CA 2011

Relief to those in need due to age, ill health, financial hardship or other disadvantage

7

What section of CA 2011 overlaps with s.a on prevention of poverty?

S.3(1)(j) CA 2011 - financial hardship

8

Re Niyazi's WT judgment

'Working class' not always poor but 'construction of a working man's hostel'

9

Re Niyazi's WT general

'Working class'

10

What helped the decision in Re Niyazi's WT?

Size of gift and grave housing shortage

11

Re Scarisbrick general

Hard times

12

Re Scarisbrick judgment

Can put money on trust for X in hard times despite personal nexus (Oppenheim) and very small trust (2)

13

What case showed you can put money in a charitable trust for X in hard times despite personal nexus?

Re Scarisbrick

14

Charity Commission Advice on prevention/relief of poverty

'People in poverty' can mean 'living on less than 60% of median income'

15

What said that 'People in poverty' can mean 'living on less than 60% of median income'

Charity Commission Advice

16

What is the main exception allowed under charitable trusts for the prevention/relief of poverty?

Beneficiaries can be a private class, as long as the primary intent is to relieve poverty

17

Dingle v Turner general

Hardship fund, only for employees

18

Dingle v Turner judgment

Allowed because primary intent to relieve hardship, and unlikely to have been an incentive to join the company

19

What did Lord Cross say of the public/private distinction in Dingle v Turner?

It is one of degree, not decisive in itself

20

What did Lord Cross say the court should have regard to in Dingle v Turner, that the others rejected?

Fiscal consequences of the decision

21

How was Dingle v Turner distinguished from Oppenheim?

Unlikely to have been an incentive to join company as people are optimistic

22

How did Lord Cross describe Oppenheim in Dingle?

'Fringe benefit' which the tax payer should not have to pay for

23

AG v Charity Commission general

Dingle still valid after CA11?

24

AG v Charity Commission judgment

Poor relations cases still good law after s.3 CA11 as never a presumption of public benefit in second sense from ISC so couldn't have abolished it

25

What case stated that Poor relations cases still good law after s.3 CA11 as never a presumption of public benefit in second sense from ISC so couldn't have abolished it?

AG v Charity Commission

26

Main judge in Dingle?

Lord Cross

27

What are the requirements for a trust for the advancement of education?

Some kind of structure to the information and cannot actually be propaganda

28

Millenium College UK

Needs to be some kind of structure to information for advancement of education

29

What case stated that there Needs to be some kind of structure to information for advancement of education

Millenium College UK

30

Southwood v AG general

Disarmament

31

Southwood v AG judgment

Factually specific line between education and propaganda

32

Factually specific line between education and propaganda

Southwood v AG

33

McGovern v AG general

Amnesty International

34

McGovern v AG judgment

One purpose was pressure campaigns to change deportation/torture laws so POLITICAL

35

One purpose was pressure campaigns to change deportation/torture laws so POLITICAL and not advancement of education

McGovern v AG

36

What case on political opinion for advancement of education is shaky after HRA?

McGovern v AG

37

Why is McGovern v AG shaky after HRA?

HRA placed UK G under an obligation to protect human rights, so hard to argue now that Amnesty's objectives aren't for public benefit

38

McGovern v AG per Slade J

Requirements for advancement of research to be a legally charitable purpose

39

Requirements by Slade J in McGovern

Useful subject of study, will be disseminated and for public benefit without needing a teacher/pupil relationship, nor that those who are to benefit are already in the course of receiving education

40

Who gave the requirements for advancement of research to be a legally charitable purpose in McGovern?

Slade J

41

Charity Commission on Scientology on HR

Protection of human rights is charitable, with statutory authority in s.3(1)(h) CA 2011

42

How did the Charity Commission show protection of human rights is now charitable?

S.3(1)(h) CA 2011

43

IRC v McMullen general

Sport, schools

44

IRC v McMullen judgment

Sport is an integral part of education and development of the young, so it is charitable

45

What could have been a better way to decide the case of IRC v McMullen?

Better to say sport is good for everyone, recognised by Gordon Brown through tax exemption of amateur sport

46

How did Gordon Brown recognise sport is good for everyone?

Gave tax exemption to amateur sports clubs

47

CA 2011 s.3(1)(g)

Promotion of amateur sport is a charitable purpose

48

What section of what act gives that promotion of amateur sport is a charitable purpose?

CA 2011 s.3(1)(g)

49

Royal Choral Society of IRC

Choral singing in London charitable

50

Choral singing in London charitable

Royal Choral Society of IRC

51

Re Dupree's Deed Trusts

Encouragement of chess-playing among young Londoners

52

Encouragement of chess-playing among young Londoners

Re Dupree's Deed Trusts

53

R (ISC) v Charity Commission general

Fee-charging schools, facilities

54

R (ISC) v Charity Commission made a clear distinction between what?

1st sense of PB under the Act and second as sufficiently large section of the community to benefit

55

R (ISC) v Charity Commission judgment

Needed to provide beyond a 'token level', but it was for the Trustees to decide how. If there is no PB, this solely means Ts are in breach - no removal of charitable status

56

What case made it clear that if a body has charitable status, but there is no PB in its work, Ts are in breach?

R (ISC) v Charity Commission

57

Oppenheim v Tobacco Securities Trust general

Education of employees' children

58

Oppenheim v Tobacco Securities Trust judgment

PB in 1st sense allowed as education, but not 2nd due to personal nexus

59

What test did Lord MacDermott reject in Oppenheim?

'Compton' nexus test as 'artificial' in minority

60

What example did Lord MacDermott give in the minority to highlight artificiality of personal nexus test in Oppenheim?

Railway men example - if hired by the company, no benefit, but if for them in general, allowed

61

Re Resch

Allowed benefits for individuals who paid to still be a charitable purpose

62

Synge on 2nd sense of PB

Many cases find PB in 2nd sense despite no benefit to the poor, e.g. describing Bs so only the rich could fall within it

63

What did the court accept in ISC that Synge rejects?

That charitable purpose needs to benefit the poor in some way

64

What case is Oppenheim similar to?

Re Denley

65

Preamble of Charitable Uses Act on religion

'Repair of churches'

66

How did courts extend preamble of Charitable Uses Act on religion?

Extended to CoE trusts only at first and then more tolerance

67

Jewish Relief Act 1846

Allowing trusts for advancement of Judaism

68

S.3(2)(a)(ii) CA11

Allowing for religions which do not believe in a God

69

What Act allowed trusts for advancement of Judaism?

Jewish Relief Act 1846

70

Why do the Charity Commission not accept scientology as a religion?

Lack of worship/veneration of a supreme being means it isn't a religion

71

R (Hodkin) v Registrar General of Births, Deaths and Marriages

SC found Chapel of Church of Scientology 'place of meeting for religious worship'

72

what case suggests scientology may be found to be a religion for CA11 now?

R (Hodkin) v Registrar General of Births, Deaths and Marriages

73

What did the court rely on in R (Hodkin) v Registrar General of Births, Deaths and Marriages to show broad understanding of religion?

S.3(2)(a) CA11

74

Edge and Loughey on Scientology

Question why CA11 would allow buddhism but not scientology, and highlight how worship requirement is heavily based on Judaeo-Christian concepts

75

Who highlights how worship requirement is heavily based on Judaeo-Christian concepts

Lough and Edge

76

Thornton v Howe general

Southkirk, New Messiah

77

Thornton v Howe judgment

Mortmain Statutes declared gift for religion invalid so broad view, but now favourable to settlor

78

What case shows that the removal of previous anticlerical statutes, when matched with broad case law to fit within anticlerical limitations, is actually beneficial to the settlor now?

Thornton v Howe

79

Gilmour v Coats general

Closed contemplative order of nuns

80

Gilmour v Coats judgment

Intercessory prayers too vague to be PB in second second of ISC - needed interaction

81

Re Hetherington judgment

Trust for public masses is charitable

82

Charity Commission decision on Scientology

Psychometric tests to members was a private, not public benefit, for second sense of ISC

83

Neville Estates v Madden general

Members of Catford Jewish Synagogue

84

Neville Estates v Madden judgment

Despite restricted access, the fact they mixed with fellow citizens gave public benefit in second sense

85

The Preston Down Trust general

Plymouth Brethren Christian Church

86

The Preston Down Trust judgment

Despite members-only services and physical separation imposed with non-members, there was still public benefit in second sense of ISC

87

Plymouth Brethren Christian Church

The Preston Down Trust

88

Edge and Loughey on second sense of ISC for religion

Commission substitute PB for one of public interaction to avoid PB assessment

89

What do Edge and Loughey criticise the Commission for in second sense of ISC for religion?

substitute PB for one of public interaction to avoid PB assessment

90

What do Edge and Loughey consider to be the result of Commission substituting PB test for one of public interaction?

Shifted attention from central activities of religion to public activities

91

S.45(1) Irish Charities Act 1961

Presumes a gift for the purpose of the advancement of religion is for PB in second ISC sense

92

Which section of which Act shows another jurisdiction removing need to establish second sense of PB under ISC for advancement of religion?

S.45(1) Irish Charities Act 1961

Decks in Law Second Year Class (74):