Charities Law Advancement of Education

Cases that were applicable pre Charities Act 2006 and 2011, however the provision in s3(1)(m) allows things that were charitiable under old law to continue to be so. These cases therefore may still be relevant!

?
What criteria were set out in Re Besterman [1980]?
1. subject matter needs to be useful 2. knowledge must be disseminated 3. trust must be for public benefit. Case involved funding to research works of Voltaire and Rosseau
1 of 10
However which case failed when it appeared to meet most of the requirements?
Re Shaw (1958), money left to fund research of George Shaw to promote use of phonetic alphabet. Held it wasn't charitable. Difficult to distinguish. Might be decided differently today!
2 of 10
McGovern v AG (1982) established which element was necessary?
An element of teaching was required. In addition dissemination was affirmed as a criterion.
3 of 10
Although what was the case that held dissemination was not always necessary?
Re Hopkins (1964). Case involved funding of research into Baconian theory that Francis Bacon was the true author of all or some of Shakespeare's works!
4 of 10
Prior to the Charities Act 2006 which categories of charitable trusts often were squeezed under the education head?
Art, Musical Performance, Sports and Games
5 of 10
In Re Pinion [1965] an expert was used but for what?
Expert analysis used to determine worth of art studio and its contents left to the National Trust. Expert deemed it worthless. Not even by luck did he come by something of worth! Not charitable as it lacked artistic merit.
6 of 10
What was the name of the case where it was held that musical performances could be charitable trusts?
Royal Choral Society v IRC (1943)
7 of 10
Teaching which game was held to be charitable in Re Dupree's Deeds trusts (1945)?
Chess
8 of 10
Sport is not charitable per se however in which case was it held to be charitable when linked to education?
IRC v McMullen (1981) involved a trust to provide sports facilities at schools and universities. Which was successful!
9 of 10
In which recent case was it decided that private schools do not have to offer scholarships or bursaries to meet the public benefit criteria?
ISC v Charities Commission (2012)
10 of 10

Other cards in this set

Card 2

Front

However which case failed when it appeared to meet most of the requirements?

Back

Re Shaw (1958), money left to fund research of George Shaw to promote use of phonetic alphabet. Held it wasn't charitable. Difficult to distinguish. Might be decided differently today!

Card 3

Front

McGovern v AG (1982) established which element was necessary?

Back

Preview of the front of card 3

Card 4

Front

Although what was the case that held dissemination was not always necessary?

Back

Preview of the front of card 4

Card 5

Front

Prior to the Charities Act 2006 which categories of charitable trusts often were squeezed under the education head?

Back

Preview of the front of card 5
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