The Council sought charitable status for its activities of reporting the law. The Revenue appealed against the decision by Foster J that the Council ought to be registered as a charity. Held: The appeal failed. The company should have charitable status. Although it was selling subscriptions, the trading profits were not distributed to members, and … Continue reading Incorporated Council of Law Reporting For England And Wales v Attorney-General And Others: CA 14 Oct 1971
The court was concerned with an appeal against an order made following an inquiry made under statutory powers by the Charity Commission, which had resulted in a written report. The court held that the issues were at large, but that the contents of the report should be admissible before the judge, so that it would … Continue reading Jones v Attorney General: CA 1974
Trustees of the school had accumulated income in excess of what was required to achieve the objects of the charitable trust, and asked the court how to apply them. Having upheld the contention that what was described as Sir S. Romilly’s Act . .
The Times newspaper published a report of the criminal trial in Switzerland of a British subject. When sued in defamation they sought to rely upon the defence of fair reporting of judicial proceedings.
Held: A blanket protection for reporting . .
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The principal issue was whether a body set up by statute and subject to the control of a minister of the Crown was a ‘charity’ within the meaning of section 45(1) of the Charities Act 1960, for which purpose it had to be subject to ‘the control of . .
Where beneficiaries had dwindled and income increased, the class of beneficiaries was extended. A gift to a class of people would be construed to be charitable unless there was something in the gift to exclude the presumption. It had been submitted that: ‘the trust was one for the benefit of the community in a particular … Continue reading Peggs and Others v Lamb and Others: ChD 20 Apr 1993
The cy-pres doctrine could be allowed to be applied to allow the sale of land if such an action would remain within the purpose of the original charitable gift. Judges: Dillon, Russell, Farquharson LJJ Citations: Gazette 28-Oct-1992,  EWCA Civ 21,  Ch 210,  2 WLR 224,  2 All ER 432 Links: Bailii … Continue reading Oldham Borough Council v Attorney General: CA 28 Jul 1992
A contract for the sale of land by a charity was expressed to be subject to and conditional upon the grant of a consent before 31 March 1982 and if consent was not granted before that date then the contract was to be ‘null and void and of no further effect’. The plaintiffs registered an … Continue reading Haslemere Estates Ltd v Baker: 1982
The High Court had found the plaintiff to be a charity, and ordered the Attorney-General to be joined in. The A-G appealed that order saying that the plaintiff was not a charity within the 1993 Act. The charity sought to spread the Vaishnava religion in London. Held: Charities Act jurisdiction is restricted to charities registered … Continue reading Gaudiya Mission and others v Brahmachary: CA 30 Jul 1997
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The court approved a scheme conferring wider powers of investment than those authorised by the statute incorporating the charity: ‘It is said on behalf of persons interested in the charity that the court is empowered to make a scheme to authorize a . .
The trustees brought a claim against the Attorney-General seeking clarification of their duties and powers to return objects which were part of the collection in law, but where a moral duty might exist to return it to a former owner. Here drawings . .
The assets of a corporate charity were held on charitable trusts: ‘We were referred to certain authorities which give support to the view that a company incorporated for exclusively charitable purposes is in the position of a trustee of its funds or . .
In an action for libel, consisting of a publication in a newspaper of a report of an inspector of charities under the Charitable Trusts Act, containing a letter, written some years before, reflecting on the plaintiff in hs management of a college: . .
HL Charity – Promotion of sport – Trust created ‘to organise or provide or assist in the organisation and provision of facilities which will enable and encourage pupils of schools and universities in any part of . .
The defendant had published a book with minutes of a meeting of the council recording that the plaintiff’s name had been removed from the medical register for infamous professional conduct. This followed an inquiry at which the plaintiff had been . .
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index