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15 Cards in this Set

  • Front
  • Back

McGovern v AG

Exclusively charitable



No politics purpose

Pemsel

Poverty, education, religion, and any other community benefit

Re Coulthurst

Poverty means ‘going short’

Re Hopkins’ Will Trust

Education is beyond the state’s duty.



Research must have educational value to the researcher or create educational material or improve communicable knowledge

Gilmour v Coats

Praying is not public benefit as it cannot be proven in a court of law

Thornton v Howe

The courts will not fail a charitable trust for religion, just because they disagree with its beliefs

AG v Charity Commission for England and Wales

The public aspect is not stringent for as it could benefit a small class or the whole population

Re Resch

Private fee-paying hospital benefitted the public by reducing the need for beds

Independent Schools Council v Charity Commission of England and Wales

Independent schools could be beneficial by relieving pressure on public schools

Oppenheim v Tobacco Securities Trust Co Ltd

It’s not charitable if there is a personal connection

Dingle v Turner

Personal connection should be based on degree

Re Broadbent

Check carefully if it has actually failed

Kings v Bultitude

Specific intention (e.g. specific church) cannot lead to cy-pres as not general charitable intention

Re Faraker

If amalgamated but continued purpose, funds could be given to the amalgamation

Re Slevin

Lack of general charitable intention is irrelevant it intestator dies before failure of trust