Equity & Trusts Seminar 7 – Lecture Outline
PART A: THE POLITCAL PURPOSES RULE
LECTURE 1: THE SCOPE OF THE RULE
Trusts for just political purposes are banned
o However, it is quite difcult to say what a political purpose is
o Maybe all charities are in some way political?
The relief of poverty is a core charitable purpose – this is
because the courts don’t deem it to be political
although it could be?
The scope of the rule:
o Bowman v Secular Society [1917] AC 406:
Lord Parker gave some examples of express political
objects which were banned:
The abolition of religious tests;
The disestablishment of the church;
Secularisation of education;
Alteration of the law relating to marriage;
Campaigns against the observation of the
Sabbath.
These are very outdated now – they were the attitudes
of the time and don’t have much relevance today
All of these relate to contentious issues and social
change
The only thing Lord Parker is interested in is things that
could change the law:
e.g. Sunday opening – we needed a change in the
law to change to allow shops to open on a Sunday
Elephant test?
Something judges sometimes fall back on as an
absolute last resort
An elephant is ‘a very large plant eating mammal
with a prehensile trunk, long ivory tusks and large
ears, native to Africa and Southern Asia.’ if you
only heard this description you wouldn’t know
what an elephant was but as soon as you see a
picture of one then you know what it is
The elephant test is basically saying that if you
see it you’ll know what it is
o e.g. the judges will know a political purpose
when they see one
o Re Foveaux [1895] 2 Ch 501:
Catherine Foveaux was carrying out her mother’s will
PART A: THE POLITCAL PURPOSES RULE
LECTURE 1: THE SCOPE OF THE RULE
Trusts for just political purposes are banned
o However, it is quite difcult to say what a political purpose is
o Maybe all charities are in some way political?
The relief of poverty is a core charitable purpose – this is
because the courts don’t deem it to be political
although it could be?
The scope of the rule:
o Bowman v Secular Society [1917] AC 406:
Lord Parker gave some examples of express political
objects which were banned:
The abolition of religious tests;
The disestablishment of the church;
Secularisation of education;
Alteration of the law relating to marriage;
Campaigns against the observation of the
Sabbath.
These are very outdated now – they were the attitudes
of the time and don’t have much relevance today
All of these relate to contentious issues and social
change
The only thing Lord Parker is interested in is things that
could change the law:
e.g. Sunday opening – we needed a change in the
law to change to allow shops to open on a Sunday
Elephant test?
Something judges sometimes fall back on as an
absolute last resort
An elephant is ‘a very large plant eating mammal
with a prehensile trunk, long ivory tusks and large
ears, native to Africa and Southern Asia.’ if you
only heard this description you wouldn’t know
what an elephant was but as soon as you see a
picture of one then you know what it is
The elephant test is basically saying that if you
see it you’ll know what it is
o e.g. the judges will know a political purpose
when they see one
o Re Foveaux [1895] 2 Ch 501:
Catherine Foveaux was carrying out her mother’s will
