swarb.co.uk - law index
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Charity - From: 2000 To: 2000
This page lists 6 cases, and was prepared on 20 May 2019.
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 Attorney General of the Caymen Islands and others v Even Wahr-Hansen; PC 26-Jun-2000 - Times, 27 July 2000; [2000] UKPC 26; [2001] 1 AC 75; [2000] 3 All ER 642
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Southwood and Another v Attorney-General Gazette, 20 July 2000; [2000] EWCA Civ 204
28 Jun 2000
CA
Charity
An organisation set up to educate others as to the ways of 'militarism and disarmament and related fields' was not charitable. Whilst peace is to be recognised as worthy of promotion, the organisation was set up to persuade others of the views of those behind it. Pacifism as such was not necessarily in the public interest, and unless an organisation could demonstrate that its purposes were for the public benefit it was not entitled to charitable status, and it was not for the court to seek to express a view on the topic.
[ Bailii ]
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The Bahamas District of the Methodist Church in the Caribbean and the Americas and Others v The Hon Vernon J Symonette M P Speaker of the House of Assembly and 7 Others (No 70 of 1998) and Ormond Hilton Poitier and 14 Others v The Methodist Church [2000] UKPC 31; No 70 of 1998
26 Jul 2000
PC
Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Hope of Craighead Lord Clyde Lord Hutton
Commonwealth, Constitutional, Ecclesiastical, Charity
PC (The Bahamas) The Methodist community had split, eventually leading to a new Act. Others now challenged the constitionality of the Act, and that lands had been transferred in breach of the constitution. Held: The court had jurisdiction to entertain the constitutional issues raised in the main action. But no case was made for treating these proceedings as exceptional. Had the main action come to trial before the enactment of the Act, the court would have been bound to decline to intervene in the legislative process, but it did not. The main action remained an adequate and suitable proceeding in which to consider, post-enactment, the constitutional issues of substance raised in the action. The court was not being asked to rule on an academic matter. Though a parliament might have the power to deprive people of their properties in the public interest, the constitution of the Bahamas contained no such epress power. However, th econstitution could be construed purposively to produce such a power.
1 Cites
[ Bailii ] - [ PC ] - [ PC ]
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 Bath and Wells Diocesan Board of Finance and Another v Jenkinson and Others; ChD 6-Sep-2000 - Times, 06 September 2000; Gazette, 05 October 2000
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Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council Gazette, 18 January 2001; Times, 19 December 2000; [2000] EWHC 455 (Ch); [2001] 1 WLR 400; [2001] EMLR 446; [2001] RPC 594
23 Nov 2000
ChD
Neuberger J
Intellectual Property, Local Government, Charity
Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be "a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare." In effect this was a claim that a local government was a charity. Held: The defence could not succeed. The functions of a local authority would not normally be considered charitable. In this context, ‘social welfare’ was an inappropriate expression to describe such activities. Similarly the term ‘organisation’ in the Act, in this particular phrase, was to be read ejusdem generis with the words ‘club’ and ‘society’. It could not apply to a local authority. The function of a local authority is to carry out the administrative and governmental functions, in respect of its area. The legislature had thought it right to devolve those functions from national government. Those functions might include social welfare, but that was not its main purpose.
Copyright Designs and Patents Act 1988 67
[ Bailii ]
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T Choithram International S A and Others v Lalibai Thakurdas Pagarani and Others Times, 30 November 2000; [2000] UKPC 46; (Appeal No 53 of 1998)
29 Nov 2000
PC
Trusts, Charity
(British Virgin Islands) A gift in trust, once vested in one trustee was complete even though it might later be required to vest the property in other trustees also. Unless there were other factors to suggest that he not had intended an immediate gift, the gift was completed once vested in any one of the trustees. A donor made gifts of substantial shareholdings to a foundation, but died before other trustees were registered as shareholders. There were was nothing in the donor's behaviour to suggest that the gift was in any way revocable. If it was intended to be immediate and unconditional, a need for later acts to effect the transfer into further trustees names did not mean that the gift had not been completed.
[ Bailii ] - [ PC ] - [ PC ]
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