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Lecture notes

Charities (2)

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Equity and Trusts Lecture Notes - Charities

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  • September 30, 2018
  • 14
  • 2016/2017
  • Lecture notes
  • Unknown
  • All classes
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chloeamies
Equity & Trusts Seminar 7 – Lecture Outline
PART A: THE POLITCAL PURPOSES RULE
LECTURE 1: THE SCOPE OF THE RULE
 Trusts for just political purposes are banned
o However, it is quite difcult to say what a political purpose is
o Maybe all charities are in some way political?
 The relief of poverty is a core charitable purpose – this is
because the courts don’t deem it to be political 
although it could be?
 The scope of the rule:
o Bowman v Secular Society [1917] AC 406:
 Lord Parker gave some examples of express political
objects which were banned:
 The abolition of religious tests;
 The disestablishment of the church;
 Secularisation of education;
 Alteration of the law relating to marriage;
 Campaigns against the observation of the
Sabbath.
 These are very outdated now – they were the attitudes
of the time and don’t have much relevance today
 All of these relate to contentious issues and social
change
 The only thing Lord Parker is interested in is things that
could change the law:
 e.g. Sunday opening – we needed a change in the
law to change to allow shops to open on a Sunday
 Elephant test?
 Something judges sometimes fall back on as an
absolute last resort
 An elephant is ‘a very large plant eating mammal
with a prehensile trunk, long ivory tusks and large
ears, native to Africa and Southern Asia.’  if you
only heard this description you wouldn’t know
what an elephant was but as soon as you see a
picture of one then you know what it is
 The elephant test is basically saying that if you
see it you’ll know what it is
o e.g. the judges will know a political purpose
when they see one
o Re Foveaux [1895] 2 Ch 501:
 Catherine Foveaux was carrying out her mother’s will

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