The Berkhamstead School Case: 1865

The school was regulated inter alia by a statute of Edward VI.
Held: The court approved a scheme for its further regulation which permitted the charging of fees for all pupils, notwithstanding that the statute provided that some boys should be educated entirely gratuitously. While the scheme so approved was contrary to the provisions of the founding statute the variation was justified because the original purposes of the statute had become impractical.

Judges:

Page-Wood V-C

Citations:

(1865) LR 1 Eq.102

Jurisdiction:

England and Wales

Cited by:

CitedRe Shipwrecked Fishermen and Mariners’ Royal Benevolent Society ChD 1959
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 . .
CitedAttorney General v British Museum ChD 27-May-2005
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 . .
Lists of cited by and citing cases may be incomplete.

Charity

Updated: 26 November 2022; Ref: scu.225530