Benefit requirement

• What are the three requirements for establishing a charitable trust?

  Charitable purpose, exclusively charitable, public benefit
• What are the two dimensions of public benefit discerned from cases before the Charities Act 2006/2011?

  1. Benefit: Purpose must benefit the public.
  2. Public: Benefits should be to the public at large or a significant section of the community.
• What was the presumption of public benefit prior to legislation?

  Presumption existed for poverty, education, and religion
• How did the Charities Acts 2006/2011 aim to strengthen the public benefit requirement?

  By incorporating public benefit into charity definitions
• Does the Charities Act 2006/2011 provide a statutory definition of public benefit?

  No, it does not provide a statutory definition
• What is required of the Charity Commission under the Charities Acts 2006/2011?

  To promote awareness of public benefit requirement
• What must be proven for a purpose to be considered beneficial under public benefit requirements?

  Benefits must be identifiable and outweigh detriment
• What was the outcome of Gilmour v Coats regarding public benefit?

  Prayer benefits could not be proven as public benefit
• How did the court rule in National Anti-Vivisection Society v IRC regarding public benefit?

  Society's detriment to medical science outweighed benefits
• What does the personal nexus test require?

  No close personal relationship between beneficiaries and providers
• What is the significance of the case Oppenheim v Tobacco Securities Trust Co Ltd?

  Defined personal nexus in charitable trusts
• What are the two tests that emerged regarding public benefit in the educational sphere?

  1. Class of beneficiaries must not be numerically negligible.
  2. No close personal nexus between beneficiaries and providers.
• What was the outcome of Re Duffy (Deceased) regarding public benefit?

  Gift to 30 in a care home was insufficient
• How does the public benefit requirement differ in the sphere of poverty?

  Less stringent; personal nexus test does not apply
• What did the Attorney General v Charity Commission (2012) state about the personal nexus test?

  CA 2011 did not change its application in poverty
• What is required for a religious purpose to meet public benefit?

  Public must have access to the benefits of the religion
• What was the ruling in Gilmour v Coats regarding private religious services?

  Private religious services lacked public benefit
• How did the Preston Down Case affect the registration of the Plymouth Christian church as a charity?

  Initially denied, later registered after revisions
• What are the implications of the fourth Pemsel head regarding public benefit?

  • Most stringent application of public benefit.
  • Must benefit the public at large or a significant section.
  • Cannot benefit a "class within a class."
• What was the outcome of Williams v IRC regarding public benefit?

  Failed as charitable trust due to class within class
• How should the public benefit requirement be applied according to case law?

  With caution, especially outside education, religion, and poverty