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    National Law Institute University, Bhopal

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    The document summarizes a 1952 court case between the Royal College of Surgeons of England and the National Provincial Bank. The Royal College of Surgeons is a registered charity committed to advancing surgical standards in England and Wales. The court considered whether the professional protection of surgeon members, which is not a charitable purpose, made the organization non-charitable. The court ultimately held that some incidental private benefits do not negate an organization's charitable status, as long as the main purpose remains charitable. This established that a charity can provide some ancillary non-charitable benefits without losing its status, if those benefits are subsidiary to the overriding charitable mission.

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    National Law Institute University, Bhopal

    Uploaded by

    Anonymous aheaSN
    25 views5 pages
    The document summarizes a 1952 court case between the Royal College of Surgeons of England and the National Provincial Bank. The Royal College of Surgeons is a registered charity committed to advancing surgical standards in England and Wales. The court considered whether the professional protection of surgeon members, which is not a charitable purpose, made the organization non-charitable. The court ultimately held that some incidental private benefits do not negate an organization's charitable status, as long as the main purpose remains charitable. This established that a charity can provide some ancillary non-charitable benefits without losing its status, if those benefits are subsidiary to the overriding charitable mission.

    Original Description:

    Equity, Trust and Specific relief

    Original Title

    Equity Joze

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    The document summarizes a 1952 court case between the Royal College of Surgeons of England and the National Provincial Bank. The Royal College of Surgeons is a registered charity committed to advancing surgical standards in England and Wales. The court considered whether the professional protection of surgeon members, which is not a charitable purpose, made the organization non-charitable. The court ultimately held that some incidental private benefits do not negate an organization's charitable status, as long as the main purpose remains charitable. This established that a charity can provide some ancillary non-charitable benefits without losing its status, if those benefits are subsidiary to the overriding charitable mission.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views5 pages

    National Law Institute University, Bhopal

    Uploaded by

    Anonymous aheaSN
    The document summarizes a 1952 court case between the Royal College of Surgeons of England and the National Provincial Bank. The Royal College of Surgeons is a registered charity committed to advancing surgical standards in England and Wales. The court considered whether the professional protection of surgeon members, which is not a charitable purpose, made the organization non-charitable. The court ultimately held that some incidental private benefits do not negate an organization's charitable status, as long as the main purpose remains charitable. This established that a charity can provide some ancillary non-charitable benefits without losing its status, if those benefits are subsidiary to the overriding charitable mission.

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    © All Rights Reserved
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    You are on page 1of 5

    NATIONAL LAW INSTITUTE

    UNIVERSITY, BHOPAL
    Case Study
    On

    Royal College of Surgeons of England


    v National Provincial Bank Ltd [1952]
    1 All ER 984

    Submitted To:
    Submitted By:

    Dr. Sanjay Kumar Yadav


    Akshey Jose
    Associate Professor
    2013 BA LLB 39

    Acknowledgement

    I would like to take this opportunity to thank all the people who have helped me in making this
    project. First and foremost I would like to thank Dr. Sanjay Yadav for giving me this opportunity
    to make a project on such an interesting case. Next, I would like to thank my friends and seniors
    for their constant support and help in making this project. Last but not the least I would like to
    thank my Family for being with me throughout giving me motivation to make this project a
    successful one.

    Introduction
    The case in contention is related to where a charitable gift confers a private benefit to a noncharitable purpose at the same time, it may be void under the rule that the trust must be wholly
    and exclusively charitable. Such trust can only be valid if those non-charitable purposes are
    entirely subsidiary to the main charitable purposes.

    Facts
    The facts of the case are as follows:
    The Royal College of Surgeons of England is an independent professional body and registered
    charity committed to promoting and advancing the highest standards of surgical care for
    patients, regulating surgery, including dentistry, in England and Wales. The professional
    protection of members of the College (not a charitable purpose) was held to be an incidental
    though an important and perhaps necessary consequence of the work of the College in carrying
    out its main object.

    Contentions
    Appellant: The contention on behalf of the appellants was that a gift beneficial to surgeons
    was upheld as a gift for the advancement of surgery.
    Respondent: The respondent contended that the appeal by the appellants should not be
    allowed in the first case because where a charitable gift confers a private benefit to a non-

    charitable purpose at the same time, it may be void under the rule that the trust must be wholly
    and exclusively charitable.

    Held
    It was held by the Honorable Court that some charitable trusts are inevitably likely to benefit
    some individuals, but they do not thereby lose that charitable status. If the main purpose of the
    body of persons is charitable and the only elements in its constitution and operations which are
    non-charitable are merely incidental to that main purpose, that body of persons is a charity
    notwithstanding the presence of those elements.

    Critical Analysis
    Charitable trusts are a form of express trust dedicated to charitable goals. To be a valid charitable
    trust, the organisation must demonstrate both a charitable purpose and a public benefit.
    Applicable charitable purposes are normally divided into four categories; trusts for the relief of
    poverty, trusts for the promotion of education, trusts for the promotion of religion and all other
    types of trust recognised by the law, which includes trusts for the benefit of animals and a
    locality. There is also a requirement that the trust's purposes benefit the public (or some section
    of the public), and not simply a group of private individuals.
    This case is an example of how the charitable trust's purposes benefit the public (or some section
    of the public), and not simply a group of private individuals.

    Bibliography
    http://en.wikipedia.org/wiki/Charitable_trust
    http://www.icnl.org/research/journal/vol11iss1/special_2.htm
    http://swarb.co.uk/royal-college-of-surgeons-of-england-v-national-provincial-bank-ltdhl-1952/
    Study Material Equity, Trust and Specific Relief Act compiled by Dr. Sanjay Kumar
    Yadav

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