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Scottish Burial Reform and Cremation Society v Glasgow Corporation: HL 26 Jul 1967

The appellants sought partial exemption from rates on its premises. The Corporation challenged their charitable status. The society’s object was to encourage and provide facilities for cremation. Held: The object was charitable.Lord Reid said that it was not now necessary to produce evidence so as to show that the object was for the public benefit, … Continue reading Scottish Burial Reform and Cremation Society v Glasgow Corporation: HL 26 Jul 1967

Morelle Ltd v Waterworth: CA 1955

The court was asked (1) Was the assurance to the Plaintiff Company of the unexpired residue of a term of years in house property in London an assurance of land in mortmain within the terms of section 1 of the Mortmain and Charitable Uses Act, 1888? (2) If so, was the term so assured automatically … Continue reading Morelle Ltd v Waterworth: CA 1955

Re Hadden: ChD 1931

A trust of land for its use for the purposes of public recreation such as playing fields, parks, and gymnasiums, is charitable. Clauson J construed the late Mr Hadden’s will as establishing a trust for the supply of healthy recreation carried on mainly or chiefly in the open air and, in particular, by means of … Continue reading Re Hadden: ChD 1931

Morelle Ltd v Wakeling: CA 1955

The plaintiff asserted ownership of leasehold land. A similar situation had arisen in an earlier case befoe the Court of appeal, and the court was asked to decide that that case had been decided per incuriam. Held: The per incuriam principle applies to decisions given in ignorance of some inconsistent statutory provision or of some … Continue reading Morelle Ltd v Wakeling: CA 1955