(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the termination of a pregnancy could assert such a right. Held: The midwives’ appeal succeeded. The Act set … Continue reading Doogan and Another v NHS Greater Glasgow and Clyde Health Board: SCS 24 Apr 2013
The claimant appealed against a refusal of an order refusing him permission to use land for the purposes of an open air cremations, as required by his religion. Held: His appeal succeeded. The 1902 Act should be interpreted generously in its reference to buildings. Judges: Lord Neuberger of Abbotsbury, Master of the Rolls, Lord Justice … Continue reading Ghai, Regina (on The Application of) v Newcastle City Council and Others: CA 10 Feb 2010
The claimant argued that the restrictions on open air cremations as required by his Hindu belief was unreasonable and infringed his human rights. Held: The burning of a body otherwise than at a crematorium was a criminal offence. The claimant had established that open air cremation was a sufficiently serious element of his religious beliefs … Continue reading Ghai v Newcastle City Council: Admn 8 May 2009
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