Is there a definition of poverty in the Charities Act 2011?
No, it is traditionally regarded as relative
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What did Sir Raymond Evershed say about poverty in Re Coulthurst
That it was subjective. "poverty, of course, does not mean destitution... it [means] persons who have to 'go short'... due regard being had to their status in life and so forth". Suggests a millionaire who loses half his income could be in poverty!
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Can poverty be defined by class?
No, as per Re Sanders [1954]
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What were the facts of Re Coulthurst 1951?
£20,000 to be paid for widows and orphans of officers of a company who the trustees decided were 'most deserving' 'having regard to their financial circumstances'. Held to be charitable!
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What happened in Re Gwyon [1930]?
The shorts case. Poverty defined as not being able to things taken for granted in modern society. In this case clothes but trust gave shorts to all children in Farnham not just poor children.
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What did Lord Simonds say in IRC v Baddeley [1955]?
"...relief connotes need of some sort, either need for a home, or for the means to provide for some necessity or qasi-necessity, and not merely for an amusement, however healthy."
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What were exceptions to the personal nexus rule for charitable trusts for relief of poverty?
Dingle v Turner (1972) is the main one, as well as Re Scarisbrick (1951) involving poor relations and Re Segelamn (1996)
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Other cards in this set
Card 2
Front
What did Sir Raymond Evershed say about poverty in Re Coulthurst
Back
That it was subjective. "poverty, of course, does not mean destitution... it [means] persons who have to 'go short'... due regard being had to their status in life and so forth". Suggests a millionaire who loses half his income could be in poverty!
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