Re Besterman's WT [1982] Ch 321

Facts

• The case of Re Besterman’s WT, as cited in McGovern v Attorney-General [1982] Ch 321, involved the judicial examination of the role of research in determining charitable status under English law.
• The judgment focused on whether research activities could qualify as charitable trusts by advancing education and providing a public benefit.
• The court considered whether the results of research needed to be made available to the public and whether research serving private or political interests disqualified it from charitable status.
• The case remains influential as authority on the charitable status of research trusts.

Issues

1. Whether research activities qualify as charitable trusts if they advance education and serve a public benefit.
2. Whether research must be made available to the public to meet the public benefit requirement for charitable status.
3. Whether research conducted for private gain or political purposes can be considered charitable.

Decision

• The court held that research may be considered charitable if it is directed towards advancing education and provides a public benefit.
• It was determined that the results of qualifying research must be disseminated to the public through publication or other forms of access.
• Research undertaken for private purposes or political/partisan aims does not satisfy the public benefit requirement and cannot qualify as charitable.
• The purpose and actual outcomes of research activities must be scrutinized on a case-by-case basis to assess charitable status.

Legal Principles

• To qualify as charitable, research must advance education and provide a public benefit.
• The findings of qualifying research must be made publicly accessible, typically through publication or other dissemination methods.
• Research driven by political or partisan objectives, or for private gain, is excluded from charitable status as it fails the public benefit requirement.
• The assessment of charitable status for research activities involves evaluating both intent and the effective dissemination of results.

Conclusion

Re Besterman’s WT, as cited in McGovern v Attorney-General, confirms that only research advancing education and public benefit—distinct from private or political aims, and with findings accessible to the public—can qualify as charitable under English law.