Soton Equity and Trusts - alastairhudson.com

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Topic 11. CHARITIES. General reading for this topic: Hudson, chapter 25 There are two practitioners' books on charities:- Picarda, The Law and Practice Relating to Charities Warburton, Tudor on Charities. (A) Introduction. Reading: Hudson, section 25.1 1) The significance of charitable trusts and organisations. 2) Advantages enjoyed by charitable trusts. a) Relaxed requirements of certainty of objects. (i) Relaxed test of certainty of purposes as long as general charitable intention clear. (ii) Public benefit test replaces private trusts certainty requirement as regards beneficiaries. b) Relaxed application of perpetuity rules. Charitable trusts may exist in perpetuity but remoteness rules generally apply to vesting of property in charity trustees. Christ’s Hospital v. Grainger (1849) 1 Mac. & G. 460. c) Fiscal advantages. 3) Regulation of charities See now Charities Act 2011. 4) Traditional Requirements of a Charitable Trust (a) (b) (c) The trust must be of a charitable nature The trust must be for the public benefit The trust must be exclusively charitable 5) Charitable trusts enjoyed abroad See Charity Commissioners Annual Report 1992, paras.74, 75 Re Carapiet’s Trusts [2002] EWCH 1304; 2002 WL 1310905 (B) The Definition of “charity”. Reading: Hudson, sections 25.1.2 through 25.1.4 1) Preamble to the Statute of Charitable Uses 1601 The ‘spirit and intendment' of the Preamble to the Statute of Charitable Uses 1601 (repealed by the Mortmain and Charitable Uses Act 1888; preamble repealed by the Charities Act 1960 s38). 90
2) The four heads of charity in Pemsel’s Case "Charity in its legal sense comprises four principal divisions: trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; and trusts for other purposes beneficial to the community." (Commissioners of Special Income Tax v. Pemsel [1891] A.C. 531, at 583, per Lord Macnaghten). Scottish Burial Reform and Cremation Society Ltd. v. Glasgow City Corp [1968] AC 138. 3) The position under the case law before 2006 This approach now simplified by the categorisation adopted by Lord Macnaghten in IRC v. Pemsel into four principal divisions:- (i) (ii) (iii) (iv) Relief of poverty Advancement of education Advancement of religion Other purposes beneficial to the community See also the Recreational Charities Act 1958 i) Relief of Poverty What is poverty? (a) Preamble to 1601 Act - "aged, impotent and poor people" is now accepted that these terms may be read disjunctively and thus sufficient if a gift comes within just one of the categories. Joseph Rowntree Memorial Trust Housing Association Ltd. v. A-G [1983] Ch 159 (b) (c) Poverty means having to go short having regard to the individual's standing in life The gift must be in terms that exclude those who are not poor. Thus, a trust to provide "knickers" for boys aged 10-15 whose parents were resident in Farnham was held not to be charitable on the ground that there was nothing in the terms of the gift to exclude rich sons. Further, it would seem to follow that a gift would not be charitable if it excluded the poor, eg a gift to benefit impotent millionaires ii) Advancement of Education Since 1601, the term education has come to include a far wider range of objects than those set out in the Preamble (a) Education of the young IRC v. McMullen [1981] AC 1 (b) Research c) Artistic Pursuits Re Shaw [1957] 1 WLR. 729 Re Hopkins [1965] Ch 669 McGovern v. AG [1982] Ch 321 Royal Choral Society v. IRC [1943] 2 All ER 101 91
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University of Southampton Law Schoo
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Lay-out of materials These “Lectu
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Formative assessment - (i.e. non-as
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How to study for this module 1. Uni
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Common law and equity were always d
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(E) The rudiments of express trusts
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Lord Browne-Wilkinson in Westdeutsc
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(2) Trusts as opposed to merely mor
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(3) after all valid claims in (2) h
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Topic 2. CERTAINTY OF OBJECTS Readi
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10) Mechanisms for eluding the “a
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Topic 3. THE BENEFICIARY PRINCIPLE
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(C) Alternative interpretations of
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**Leahy v. Att.-Gen. for New South
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purpose of blocking the house up an
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Topic 4. THE CONSTITUTION OF TRUSTS
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Richards v. Delbridge (1874) L.R. 1
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*s. 53 (1) (b): "A declaration of t
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Topic 5. THE DUTIES OF TRUSTEES & B
Page 39 and 40: [Considered in detail in relation t
Page 41 and 42: (a) to any special knowledge or exp
Page 43 and 44: ule does not afford the right to th
Page 45 and 46: Burrell v Burrell [2005] EWHC 245,
Page 47 and 48: (F) Judicial control of trustees’
Page 49 and 50: 1) Specific Restitution Harris v Ke
Page 51 and 52: EQUITY & TRUSTS PART II TRUSTS IMPL
Page 53 and 54: Topic 6. RESULTING AND QUISTCLOSE T
Page 55 and 56: (b) (c) father and child Bennet v.
Page 57 and 58: II. QUISTCLOSE TRUSTS Reading: Huds
Page 59 and 60: e. … other commercial-contract la
Page 61 and 62: (c) The nature of the constructive
Page 63 and 64: (b) where the company is a public c
Page 65 and 66: 6) Profits from theft Reading: Huds
Page 67 and 68: Topic 8. TRUSTS OF HOMES General Re
Page 69 and 70: (5) Each case will turn on its own
Page 71 and 72: Ferguson, ‘Constructive trusts -
Page 73 and 74: *Pascoe v. Turner [1979] 2 All ER 9
Page 75 and 76: inging up the children is no doubt
Page 77 and 78: first sight this may seem surprisin
Page 79 and 80: (ii) Cases looking to the character
Page 81 and 82: *Niru Battery Manufacturing Co v Mi
Page 83 and 84: Hudson, 20.5.2. Hudson, Securities
Page 85 and 86: C. EQUITABLE TRACING Reading: Hudso
Page 87 and 88: D. REMEDIES AFTER TRACING Reading:
Page 89: e) Is change of position now equita
Page 93 and 94: (c) (d) (e) Gifts for relief of dis
Page 95 and 96: (D) Advancement of education. Readi
Page 97 and 98: (H) Requirement of the exclusivity
Page 99 and 100: THEORETICAL PERSPECTIVES ON EQUITY
Page 101 and 102: Polly Peck International v Nadir (N
Page 103 and 104: Concepts Contract Torts Property Fi
Page 105 and 106: of what has been called unjust enri
Page 107 and 108: actions, then the claimant should b
Page 109 and 110: o Recovery of an enrichment will no
Page 111 and 112: £200,000 on Static plc shares whic
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