Soton Equity and Trusts - alastairhudson.com

(e) the advancement of citizenship or community development … including “rural or urban
regeneration” and “the promotion of civic responsibility, volunteering, the voluntary sector or
the effectiveness or efficiency of charities”
(f) the advancement of the arts, culture, heritage or science
(g) the advancement of amateur sport
(h) the advancement of human rights, conflict resolution or reconciliation or the promotion of
religious or racial harmony or equality and diversity
(i) the advancement of environmental protection or improvement
(j) the relief of those in need by reason of youth, age, ill-health, disability, financial hardship
or other disadvantage
(k) the advancement of animal welfare
(C) Relief and prevention of poverty.
Reading: Hudson, section 25.4
A) Statutory material – see also photocopy of the Act distributed in lectures
1) The heads of charitable purpose
**Charities Act 2011, s.3(1)
2) The continued relevance of the old case law categories after the Act
**Charities Act 2011, s.3(1)(m)(iii)
B) Case law principles relevant in the interpretation of the Act
1) Approach of the courts to “poverty”
**Dingle v. Turner [1972] A.C. 601 (employees).
2) Meaning of “relief of poverty”
Re Coulthurst's Will Trusts [1951] Ch. 661, at 666 (more than “going short”).
Re Cottam [1955] 3 All E.R. 704 (flats at "economic rents").
*Joseph Rowntree Memorial Trust Housing Association Ltd. v. A.-G. [1983] 1 All ER 288
(special housing for the elderly; “alleviation” = “relief”).
3) Trusts for limited classes of persons
Re Gardom [1914] 1 Ch. 662 ("ladies of limited means").
Spiller v. Maude (1881) 32 Ch. D. 158 ("decayed actors"!)
4) Trust must relieve some person’s poverty: i.e. there must be some poverty to be relieved
Re Sanders' Will Trusts [19541 Ch. 265 (working classes not necessarily impoverished).
Re Niyazi [1978] 1 W.L.R. 910 (working men's hostel in Cyprus).
Re Gwyon [1930] 1 Ch. 225 (clothing for boys, administered so as to be for impoverished
boys).
*Joseph Rowntree Memorial Trust Housing Association Ltd. v. A.-G. [1983] 1 All ER 288
(soup kitchens for millionaires would not alleviate any poverty)
5) No necessary public benefit element if a genuine charitable intention; hence trusts for
relatives
Re Scarisbrick [1951] Ch. 622 (relatives).
*Dingle v. Turner [1972] A.C. 601 (employees).
Re Segelman [1995] 3 All E.R. 676.
6) Note the addition of “prevention” of poverty by the Act
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