The parties disputed ownership of the assets of the Free Church of Scotland.
Held: The minority church were vindicated. Their Lordships identified fundamental tenets of the Free Church from which the majority had departed, including the doctrine of predestination and the Establishment Principle (concerning the right and duty of the state to establish and maintain the Christian Faith). The minority were found to be the true Free Church, and were awarded all the assets. The question was not as to the relative sizes of the groups but which group adhered most faithfully to the fundamental tenets of the Free Church. The court was entitled to look at all relevant and credible material expository of the original principles.
Citations:
[1904] AC 515
Jurisdiction:
England and Wales
Citing:
Appeal from – Bannatyne v Overtoun IHCS 1902
The House rejected the suggestion of an apportionment of the assets of the Free Church of Scotland between competing claimants. . .
Cited by:
Cited – The Free Church of Scotland v The General Assembly of the Free Church of Scotland SCS 24-Mar-2005
Each group claimed to by the true Free Church of Scotland. The dispute had a very long history. One claimed that the other had abandoned a fundamental principle of the faith, the right of ‘continued protest’.
Held: It was necessary to examine . .
Lists of cited by and citing cases may be incomplete.
Scotland
Updated: 30 April 2022; Ref: scu.223935