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

Property Law - Legally Charitable Purposes Flashcards

1
Q

CA 2011 section 3

A

‘Pemsel heads of charity’ under 13 heads

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2
Q

What section of what Act covers the ‘Pemsel heads of charity’?

A

CA 2011 section 3

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3
Q

How many heads are under CA 2011 section 3?

A

13

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4
Q

Name three legally charitable purposes

A

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

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5
Q

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

A

‘Relief of aged, impotent and poor people

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6
Q

S.3(1)(j) CA 2011

A

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

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7
Q

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

A

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

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8
Q

Re Niyazi’s WT judgment

A

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

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9
Q

Re Niyazi’s WT general

A

‘Working class’

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10
Q

What helped the decision in Re Niyazi’s WT?

A

Size of gift and grave housing shortage

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11
Q

Re Scarisbrick general

A

Hard times

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12
Q

Re Scarisbrick judgment

A

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

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13
Q

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

A

Re Scarisbrick

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14
Q

Charity Commission Advice on prevention/relief of poverty

A

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

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15
Q

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

A

Charity Commission Advice

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16
Q

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

A

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

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17
Q

Dingle v Turner general

A

Hardship fund, only for employees

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18
Q

Dingle v Turner judgment

A

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

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19
Q

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

A

It is one of degree, not decisive in itself

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20
Q

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

A

Fiscal consequences of the decision

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21
Q

How was Dingle v Turner distinguished from Oppenheim?

A

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

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22
Q

How did Lord Cross describe Oppenheim in Dingle?

A

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

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23
Q

AG v Charity Commission general

A

Dingle still valid after CA11?

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24
Q

AG v Charity Commission judgment

A

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

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25
Q

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?

A

AG v Charity Commission

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26
Q

Main judge in Dingle?

A

Lord Cross

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27
Q

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

A

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

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28
Q

Millenium College UK

A

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

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29
Q

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

A

Millenium College UK

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30
Q

Southwood v AG general

A

Disarmament

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31
Q

Southwood v AG judgment

A

Factually specific line between education and propaganda

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32
Q

Factually specific line between education and propaganda

A

Southwood v AG

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33
Q

McGovern v AG general

A

Amnesty International

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34
Q

McGovern v AG judgment

A

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

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35
Q

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

A

McGovern v AG

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36
Q

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

A

McGovern v AG

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37
Q

Why is McGovern v AG shaky after HRA?

A

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
Q

McGovern v AG per Slade J

A

Requirements for advancement of research to be a legally charitable purpose

39
Q

Requirements by Slade J in McGovern

A

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
Q

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

A

Slade J

41
Q

Charity Commission on Scientology on HR

A

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

42
Q

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

A

S.3(1)(h) CA 2011

43
Q

IRC v McMullen general

A

Sport, schools

44
Q

IRC v McMullen judgment

A

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

45
Q

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

A

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

46
Q

How did Gordon Brown recognise sport is good for everyone?

A

Gave tax exemption to amateur sports clubs

47
Q

CA 2011 s.3(1)(g)

A

Promotion of amateur sport is a charitable purpose

48
Q

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

A

CA 2011 s.3(1)(g)

49
Q

Royal Choral Society of IRC

A

Choral singing in London charitable

50
Q

Choral singing in London charitable

A

Royal Choral Society of IRC

51
Q

Re Dupree’s Deed Trusts

A

Encouragement of chess-playing among young Londoners

52
Q

Encouragement of chess-playing among young Londoners

A

Re Dupree’s Deed Trusts

53
Q

R (ISC) v Charity Commission general

A

Fee-charging schools, facilities

54
Q

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

A

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

55
Q

R (ISC) v Charity Commission judgment

A

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
Q

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

A

R (ISC) v Charity Commission

57
Q

Oppenheim v Tobacco Securities Trust general

A

Education of employees’ children

58
Q

Oppenheim v Tobacco Securities Trust judgment

A

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

59
Q

What test did Lord MacDermott reject in Oppenheim?

A

‘Compton’ nexus test as ‘artificial’ in minority

60
Q

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

A

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

61
Q

Re Resch

A

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

62
Q

Synge on 2nd sense of PB

A

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
Q

What did the court accept in ISC that Synge rejects?

A

That charitable purpose needs to benefit the poor in some way

64
Q

What case is Oppenheim similar to?

A

Re Denley

65
Q

Preamble of Charitable Uses Act on religion

A

‘Repair of churches’

66
Q

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

A

Extended to CoE trusts only at first and then more tolerance

67
Q

Jewish Relief Act 1846

A

Allowing trusts for advancement of Judaism

68
Q

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

A

Allowing for religions which do not believe in a God

69
Q

What Act allowed trusts for advancement of Judaism?

A

Jewish Relief Act 1846

70
Q

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

A

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

71
Q

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

A

SC found Chapel of Church of Scientology ‘place of meeting for religious worship’

72
Q

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

A

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

73
Q

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

A

S.3(2)(a) CA11

74
Q

Edge and Loughey on Scientology

A

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

75
Q

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

A

Lough and Edge

76
Q

Thornton v Howe general

A

Southkirk, New Messiah

77
Q

Thornton v Howe judgment

A

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

78
Q

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?

A

Thornton v Howe

79
Q

Gilmour v Coats general

A

Closed contemplative order of nuns

80
Q

Gilmour v Coats judgment

A

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

81
Q

Re Hetherington judgment

A

Trust for public masses is charitable

82
Q

Charity Commission decision on Scientology

A

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

83
Q

Neville Estates v Madden general

A

Members of Catford Jewish Synagogue

84
Q

Neville Estates v Madden judgment

A

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

85
Q

The Preston Down Trust general

A

Plymouth Brethren Christian Church

86
Q

The Preston Down Trust judgment

A

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

87
Q

Plymouth Brethren Christian Church

A

The Preston Down Trust

88
Q

Edge and Loughey on second sense of ISC for religion

A

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

89
Q

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

A

substitute PB for one of public interaction to avoid PB assessment

90
Q

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

A

Shifted attention from central activities of religion to public activities

91
Q

S.45(1) Irish Charities Act 1961

A

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

92
Q

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

A

S.45(1) Irish Charities Act 1961

Law Second Year (62 decks)

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