The scheme under challenge, provided for the merger of two benefices, but with the two parishes remaining separate. The incumbent was to live in one parish.
Held: The church had undertaken proper consultation first. The church authorities also had to be properly consulted. The appeal to the Council is one on the merits. Though genuine reasons did exist for having the incumbent live in Copythorne, the decision to have him live in the other was equally supported on et facts, and would not be set aside.
Judges:
Lord Keith Of Kinkel, Lord Scarman, Lord Brightman
Citations:
[1983] UKPC 1
Links:
Statutes:
Citing:
Cited – Elphick v The Church Commissioners PC 1974
The appellants challenged an order declaring a local church redundant, saying the procedure had not been followed.
Held: Under section 8 the Committee could consider de novo any scheme submitted to them, but would only reluctantly depart from . .
Cited – Little Leigh Parochial Church Council v The Church Commissioners 1960
. .
Lists of cited by and citing cases may be incomplete.
Ecclesiastical
Updated: 31 May 2022; Ref: scu.159149