Brook v Kelly: HL 3 Aug 1893

By the code of statutes of a cathedral church in connection with the Episcopal Church of Scotland it was provided that the clergy of the church were to be appointed by the bishop, and were to consist of a provost and three or more canons residentiary, who were to hold their offices ad vitam aut culpam. The code also appointed a board of management, and provided that with them ‘will rest the due provision . . for the fitting support of the provost and canons of the cathedral.’
An action brought by one of the canons, who had been appointed by the bishop, but whose appointment had never been ratified by the board of management, against the board for pounds 150 per annum, or such other sum as might be proved to be available for his fitting support, held ( aff. the decision of the Second Division) to be irrelevant.

Judges:

Lord Chancellor (Herschell), and Lords Watson and Macnaghten

Citations:

[1893] UKHL 967, 30 SLR 967

Links:

Bailii

Jurisdiction:

Scotland

Ecclesiastical

Updated: 09 February 2022; Ref: scu.633307