s3 Charities Act case law

Question 1

Re Coulthurst

Answer 1

POVERTY - poverty is relative. Destitution is not required, going short is sufficient

Question 2

Re Sanders Will Trusts

Answer 2

POVERTY - working classes does not indicate poverty and therefore an organisation established to support the working classes is not a charity

Question 3

Re Niyazi

Answer 3

POVERTY - construction of working men’s hostels in Cyprus charitable only because of grave housing shortage and was close to borderline of not being charitable

Question 4

Re Gwyon

Answer 4

POVERTY - exclusively for the poor, not just encompassing the poor

Question 5

Re Shaw

Answer 5

EDUCATION - learning must be passed on through teaching.An increase in knowledge itself is not enough (in this case, George Bernard Shaw left funds for the creation of a new alphabet but it wasn’t charitable)

Question 6

Re Hopkins

Answer 6

EDUCATION - trust to prove Francis Bacon wrote Shakespeare was charitable because it would add to knowledge and appreciation of literature

Question 7

Incorporated Law Reporting v Attorney General

Answer 7

EDUCATION - law reporting production was charitable as it would aid the dissemination of human knowledge

Question 8

McGovern v Attorney General

Answer 8

EDUCATION - shows the line where research becomes education:

1. Subject matter must be a useful object of study
2. Knowledge required must be passed to others
3. The trust must be for a public benefit

Question 9

Bowman v Secular Society

Answer 9

EDUCATION - court must be careful not to class political aims as educational, because a court should not be the judge of whether or not a particular political purpose has a public benefit, as this would involve the judiciary straying into politics. This demonstrates the reasoning behind why political charitable trusts are not valid

Question 10

National Anti-Vivisection Society v IRC

Answer 10

EDUCATION - Charities cannot involve themselves in political activity at all, even if it is subsidiary to charitable work (although Lord Porter dissenting)

Question 11

Re Hopkinson

Answer 11

EDUCATION - line between education and political activity is difficult to judge
“adult education along the lines advocated in the Labour Party manifesto” political rather than eucational

Question 12

Re Koeppler’s Will Trusts

Answer 12

EDUCATION - organisations with a political theme can be charitable as long as they don’t advocate a particular view e.g. in this case they promoted the study and understanding of politics generally

Question 13

Thornton v Howe

Answer 13

RELIGION - a charitable trust was upheld for a woman who believed she would give birth to the new messiah

Question 14

Re Watson

Answer 14

RELIGION - a charitable trust was upheld for a retired builder who belonged to a small sect which it was acknowledged was of little merit

Question 15

Neville Estates v Madden

Answer 15

RELIGION - the trust need not be Christian to be charitable

Question 16

Varsani v Jesani

Answer 16

RELIGION - expanding on Neville Estates v Madden, charity does not favour one type of religion over another (Hinduism in this case)

Question 17

Hodkin v Registrar

Answer 17

RELIGION - obiter comments that Scientology is a religion (despite earlier cases suggesting it was not) - considered persuasive as was Supreme Court decision

Question 18

Re South Place Ethical Society

Answer 18

RELIGION - promoting morality is not religious and therefore not charitable (but could possibly fit under another Charities Act heading)

Question 19

Re British School of Archeology

Answer 19

ARTS, CULTURE, HERITAGE, SCIENCE - museums are included under this heading

Question 20

Royal Choral Society v IRC

Answer 20

ARTS, CULTURE, HERITAGE, SCIENCE - concerts are included under this heading

Question 21

Re Pinion

Answer 21

ARTS, CULTURE, HERITAGE, SCIENCE - aesthetic merit under the artistic heading is a definition for the court, not the artistic community