In the wake of the IRC v Baddeley (1955) decision which held that recreation for a restricted class of people in a specific geographical area would not be charitable, the Recreational Charities Act 1958 was introduced to bring such purposes within the head of charity. In IRC v Oldham TEC (1996) it was held that...? Proposition that says where potential beneficiaries are a class within a class, that class cannot be a section of the public. IRC v Baddeley; ‘class within a class’ rule – Dingle v Turner; specifically, for relief of poverty, not about education e.g. f. s17(1) CA 2011. Proposition can be challenged. ⇒ IRC v Baddeley [1955]: a purpose of providing social and recreational facilities to members of the Methodist Church in West Ham was held not to extend to a “sufficient section of the public”; the geographic restriction was reasonable, but the further restriction (i.e. Problem public benefit is too restrictive, a class within a class, IRC v Baddeley 1955 and Williams’ Trustee v IRC, 1947 AC 447 c) £500,000 to set up a trust to promote ‘Go- Karting.’ The money is to be used for the purposes of setting up a ‘Go Karting’ facility for vulnerable and under privileged druid children in the High Wycombe area. Lord Somervell expressed the flexible approach to the public benefit test, thus: In IRC v Baddeley (1955) it was held that a trust which provided outlet for members would be members of the Methodist church, in West Ham; was not charitable since this was not a section of the community but a class within a class. IRC v Baddeley. There is no public benefit for a 'class within a class' in which case was this set out? IRC v Baddeley Class within a class is not a sufficient section of society - not charitable 26 ... National Anti-Vivisection Society v IRC Held as a political trust. IRC v Baddeley (1955) 3 of 9. Oppenheim – but they both have nexus, should have failed, but poverty cases behave differently, so the case succeeded, despite nexus succeeding also. No public benefit where group to benefit is 'class within a class': IRC v Baddeley (1955) a trust for the 'promotion of the religious, social and physical well-being of members of the Methodist Church in West Ham and Leyton' too restricted In IRC v Baddeley [1955] AC 572 (see below), a gift to promote recreation for a group of persons forming a class within a class did not satisfy the public benefit test. 576 BADDELEY, THOMSON AND BUCHANAN has a capacity of two items regardless of item duration or complexity. But/ only followed by Viscount Simmonds, rest of the HoL rejected it. IRC v Baddeley [1955] Trust administered by Methodist leaders for the provision of religious, social and physical activities and services for local ... within the fourth class … if the beneficiaries are a class of persons not only confined to a particular area but selected within it by reference to a particular creed’. IRC v Baddeley: purpose were not charitable- even if they were then there was another problem- those who would benefit were a class within a class- this is not a section or sufficient section of the public for the purposes of charitable status. What is the class within a class rule? Bonar Law Memorial Trust v IRC. In this case they were not and Oldham TEC was held not charitable. Any non-charitable benefits conferred must be merely incidental.
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