Attorney-General v Dean and Chapter of Ripon Cathedral: ChD 1945

Uthwatt J said: ‘The law is one, but jurisdiction as to its enforcement is divided between the ecclesiastical courts and the temporal courts’

Judges:

Uthwatt J

Citations:

[1945] 1 Ch 239

Jurisdiction:

England and Wales

Cited by:

CitedParochial Church Council of Aston Cantlow and Wilmcote With Billesby, Warwickshire and Another ChD 7-Feb-2000
A lay rector could be liable for the physical upkeep of the chancel of the church by virtue of the Act, and such liability was not removed by the new Human Rights Act. Such liability could exist whether or not he had notice of the liability when . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 20 May 2022; Ref: scu.622607

In re St Luke the Evangelist’s Church, Maidstone: CArc 7 Oct 1994

The vicar and churchwardens appealed a refusal of a faculty to allow them to re-orient the services within the church to face to the south from the east.
Held: The Chancellor’s powers under the 1961 Measure had not been not reduced by the 1991 Measure. The newer measure controlled those bodied with care and conservation of the churches, and there existed a strong presumption against any change which would damage such characteristics, and therefore a requirement for strong evidence to show the need for any such change. A compelling reason might include the pastoral wellbeing of the church. Irreversible changes were to be avoided if possible. The appeal was allowed.

Judges:

Sir John Owen, Dean of Arches, Judge Michael Chancellor, Cameron QC (Chancellor)

Citations:

Times 07-Oct-1994, [1995] 1 All ER 321, [1994] 3 WLR 1165

Statutes:

Care Of Churches And Ecclesiastical Jurisdiction Measure 1991 1, Ecclesiastical Jurisdiction Measure 1963

Jurisdiction:

England and Wales

Citing:

CitedIn Re St Anne’s Church, Wrenthorpe ConC 12-Oct-1993
The disposal of gifts to the church was to be at the discretion of the Conistory Court; The vicar and wardens of the church had title to such property. . .
CitedIn Re St Barnabas’ Church Dulwich ConC 14-Dec-1993
(Southwark Consistory Court) The church had been badly damaged by fire, and a faculty was sought for its demolition and closure.
Held: The measure required such a decision to take account of local worship needs. Under s17, the court must allow . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 20 May 2022; Ref: scu.89473

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 a decision of the Pastoral Committee. The appellants would have to show sufficient proper objection. On the facts of this case there was no such sufficient reason.

Judges:

Dipock, Cross of Chealsea, Kilbrandon LL

Citations:

[1974] AC 562, [1974] 2 WLR 756

Statutes:

Pastoral Measures Act 1968 8(4)

Jurisdiction:

Commonwealth

Cited by:

CitedCaptain Geoffrey Hargreaves and others v The Church Commissioners PC 12-Apr-1983
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 . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 19 May 2022; Ref: scu.182313

Parochial Church Council of Aston Cantlow and Wilmcote With Billesby, Warwickshire and Another: ChD 7 Feb 2000

A lay rector could be liable for the physical upkeep of the chancel of the church by virtue of the Act, and such liability was not removed by the new Human Rights Act. Such liability could exist whether or not he had notice of the liability when purchasing land which had been part of the rectorship, and whether or not he was a lay or spiritual rector. Such an imposition may well not be capable of being set aside under the new Act when it comes into force. The law relating to chancel repairs did not involve a deprivation of possessions. The liability to repair the chancel is one of the incidents of ownership of land allotted under the inclosure award in lieu of tithe or other rectorial property. It is an unusual incident not amounting to a charge on the land, not limited to the value of the land and in imposing a personal liability on the owner of the land, but it cannot be distinguished from the liability which would attach to the owner of land which is purchased subject to a mortgage, restrictive covenant or other incumbrance created by a predecessor in title.

Judges:

Ferris J

Citations:

Gazette 28-Apr-2000, Times 30-Mar-2000

Statutes:

Chancel Repairs Act 1932 5, Human Rights Act 1998 5

Jurisdiction:

England and Wales

Citing:

CitedAttorney-General v Dean and Chapter of Ripon Cathedral ChD 1945
Uthwatt J said: ‘The law is one, but jurisdiction as to its enforcement is divided between the ecclesiastical courts and the temporal courts’ . .

Cited by:

Appeal fromWallbank and Wallbank v Parochial Church Council of Aston Cantlow and Wilmcote With Billesley, Warwickshire CA 17-May-2001
The defendant owned land subject to an inclosure award of 1743, in exchange for other land which had made the owner a lay rector. The land was subject to the burden of a duty to maintain the chancel of the parish church. The defendants had been . .
At first instanceParochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
CitedRegina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Land, Ecclesiastical

Updated: 19 May 2022; Ref: scu.84588

Case XIX. 26 H 8, 23 By The Judges of Both Benches 14 H 8, 3 Stat De Glocester, Cap 11 Resceit, Averment Hob 35: 1220

A quare impedit is brought against the patron and incumbent to present to a rectory, of which the incumbent has made a lease for years to B. by deed ; in this case the patron of the incumbent confesses the action: the lessee for years is not relievable ; although he comes before judgment and shews his lease, and shews the title of his lessor, and the fraud and collusion : for a parson incumbent may, when he will, resign his rectory, and avoid his lease; and the absence of a parson for the space of 80 days in a year shall avoid the said lease ; also if he will suffer a judgment and recovery of it against him, such recovery shall avoid the said lease. The statute of Glocester is to be understood of leases made by such lessors as could not defeat sruch leases by their own acts.

Citations:

[1220] EngR 356, (1220-1623) Jenk 200, (1220) 145 ER 135 (A)

Links:

Commonlii

Ecclesiastical, Landlord and Tenant

Updated: 18 May 2022; Ref: scu.461268

Case VIII, 4 Jac 6 Co 61 B, &Amp;C Cr Jac 141, 166 Yelv 100 Dr and Stud Dial 2, Cap 36 1 Inst 135B 2 Roll Abr 521: 1220

For the lapse of churches void by deat, resignation or deprivation, for six months: the months shall be accounted according to the Kalendar, and not twenty-eight days to a month: for the statute of West 2, cap 5, speaks of half a year; and the right of the patron is to be favoured.
Judged and affirmed in error.

Citations:

[1220] EngR 508, (1220-1623) Jenk 282, (1220) 145 ER 203

Links:

Commonlii

Ecclesiastical

Updated: 18 May 2022; Ref: scu.461420

In re West Norwood Cemetry: ConC 24 Feb 2005

Sylvia and Dennis Swaden had been buried in the same plot. The second child, Paul, had made it clear that he did not want Dennis to be buried in the plot, but his five siblings arranged it anyway, probably by forging Paul’s signature. Paul was the registered owner of the plot. The burial authority sought a faculty for exhumation.
Held: About a quarter of the bill for the grant of burial rights had been paid for by other family members, including Dennis who had also acted to his detriment by not insisting on his name appearing on the grant of rights. A constructive trust was therefore established, and Paul had no right to refuse his consent. A similar result could be achieved by applying the law of proprietary estoppel.

Judges:

Charles George QC

Citations:

Times 20-Apr-2005

Jurisdiction:

England and Wales

Ecclesiastical

Updated: 17 May 2022; Ref: scu.225896

Martin v Mackonochie: Carc 1866

Whether beliefs of the Bishop of Holborn were ‘Romish’.

Citations:

(1866) LR2 A and E 116

Cited by:

Appeal fromMartin v Mackonochie PC 1882
The Board sat with ecclesastical assessors to examine whether the religious beliefs of the Bishop of Holborn were Romish. . .
CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 16 May 2022; Ref: scu.223028

In re Saint Gregory’s, Tredington: Carc 1972

The court formulated guidelines when considering the disposal of chattels by a church. The court should consider i) any strong liturgical, historical or architectural connection with the church ii) that any flouting of the donor’s wishes might deter other donors.

Citations:

[1972] Fam 236

Jurisdiction:

England and Wales

Cited by:

Leading Case appliedIn re church of the Blessed Virgin Mary, Batcombe ConC 4-Jan-2005
The church had many years earlier been given a painting which had hung in the chuirch. It was discovered that it was potentially highly valuable. It was agreed that the cost of security arrangements for it to continue to hang in the chirch were . .
CitedIn re St John the Baptist, Stainton by Langworth ConC 13-Apr-2006
The vicar and churchwardens sought a faculty to allow the sale of silverware from the church.
Held: In making such a decision, the court had to consider all the circumstances including the need to balance the long term interests of providing a . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 16 May 2022; Ref: scu.221426

Prosser, Clerk, v Goringe: 4 May 1811

An arbitrator to whom the question of the right of two rectors to the tithe of certain lands was referred, had power to devise ail means to prevent future litigation between the parties, and to settle all matters in difference between them, and to determine what he should think fit to be done by either of the parties, touching the
matters in dispute. Held, that he did not exceed his power by awarding undivided moieties of the tithes to the two rectors.

Citations:

[1811] EngR 261, (1811) 3 Taunt 426, (1811) 128 ER 169 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Ecclesiastical, Arbitration

Updated: 15 May 2022; Ref: scu.339345

Newcome v Mathew: 3 May 1832

A new mill erectad on the site of an ancient mill is exempt from tithes : but if it is built partly on the site of the ancient mill, and partly on a new site, it is not exempt. In a suit for tithes betwean a vicar and the occupier of a mill an old map of the parish, belonging to the lord of the manor, was not admiitted as evidence for the Defendant.

Citations:

[1832] EngR 565, (1832) 5 Sim 243, (1832) 58 ER 328

Links:

Commonlii

Jurisdiction:

England and Wales

Ecclesiastical, Rating

Updated: 15 May 2022; Ref: scu.319512

Money v Money: 28 Nov 1853

Arches Court of Canterbury -In a matrimonial suit, the husband retained one counsel only, and the wife’s proctor, conceiving she could not claim the privilege of two, also retained one only, but for the hearing was induced to retain a second The costs thereof being allowed upon taxation, the proctor for the husband objected to the Registrar’s report.
Held that the ordinary. practice of the Court was to have two counsel on each side; that a wife was primai facie therefore entitled thereto, arid that the special circumstances of the present case dld not afford sufficiient ground for exception.

Citations:

[1853] EngR 1040, (1853) 1 Sp Ecc and Ad 117, (1853) 164 ER 68

Links:

Commonlii

Jurisdiction:

England and Wales

Ecclesiastical, Costs

Updated: 15 May 2022; Ref: scu.295026

In Re St Barnabas’ Church Dulwich: ConC 14 Dec 1993

(Southwark Consistory Court) The church had been badly damaged by fire, and a faculty was sought for its demolition and closure.
Held: The measure required such a decision to take account of local worship needs. Under s17, the court must allow for the parish’s pastoral needs; the architectural or historical importance if it was a listed building; the building’s contribution to the locality; any costs of preservation; and where as here the church had been almost totally destroyed, the practicability of rebuilding the church to its original condition. A faculty was granted.

Judges:

K M E Gray QC

Citations:

Times 20-Jan-1994, [1994] Fam 124, [1994] 2 WLR 54

Statutes:

Care of Churches and Ecclesiastical Jurisdiction Measure 1991 1 17

Cited by:

CitedIn re St Luke the Evangelist’s Church, Maidstone CArc 7-Oct-1994
The vicar and churchwardens appealed a refusal of a faculty to allow them to re-orient the services within the church to face to the south from the east.
Held: The Chancellor’s powers under the 1961 Measure had not been not reduced by the 1991 . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 15 May 2022; Ref: scu.82196

Regina v Ramsay and Foote: 1883

Lord Coleridge CJ directed a jury on a trial for blasphemous libel: ‘the mere denial of the truth of the Christian religion or of the Scriptures is not enough per se to constitute a writing a blasphemous libel . . But indecent and offensive attacks on Christianity or the Scriptures, or sacred persons or objects, calculated to outrage the feelings of the general body of the community, do constitute the offence of blasphemy.’ However, even the fundamentals of religion could be attacked ‘if the decencies of controversy are observed’.
. . And: ‘The law visits not the honest errors, but the malice of mankind. wilful intention to pervert, insult, and mislead others, by means of licentious and contumelious abuse applied to sacred subjects, or by wilful misrepresentations or artful sophistry, calculated to mislead the ignorant and unwary, is the criterion and test of guilt. A malicious and mischievous intention, or what is equivalent to such an intention, in law, as well as moral, – a state of apathy and indifference to the interests of society, – is the broad boundary between right and wrong.’

Judges:

Lord Coleridge CJ

Citations:

(1883) 15 Cox CC 231

Jurisdiction:

England and Wales

Cited by:

CitedWhitehouse v Lemon; Whitehouse v Gay News Ltd CA 1979
The defendants, editors and publisher respectively of ‘Gay News’ had been accused of blasphemous libel. The magazine had a poem entitled ‘The love that dare not Speak its Name’. it is not a necessary part of the offence that there should be an . .
CitedGreen, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson Admn 5-Dec-2007
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’
Held: The gist of the . .
Lists of cited by and citing cases may be incomplete.

Crime, Ecclesiastical

Updated: 14 May 2022; Ref: scu.261810

Wise v Metcalfe: 1829

The responsibility of a lay rector to his church was to keep it into substantial repair but without ornament.

Citations:

(1829) 10 BandC 299

Cited by:

CitedParochial Church Council of the Parish Aston Cantlow and Wilmcote with Billesley Warwickshire v Wallbank ChD 5-Feb-2007
The defendants, had been found liable as owners of land which made them lay rectors of the local parish church, were called upon to contribute to the costs of repair of the church. They argued that the duty extended only to keeping it wind and . .
Lists of cited by and citing cases may be incomplete.

Land, Ecclesiastical

Updated: 14 May 2022; Ref: scu.253501

In re Mangotsfield Cemetry: ConC 11 Feb 2005

The petitioner sought an order for the disinterment of his deceased wife’s ashes from the local authority cemetery. She had been buried in the wrong lot by mistake.
Held: Members of her family opposed the disinterment saying she had been buried with the remains of her son, where she wanted. Exhumation should be granted only in exceptional circumstances. These were not such.

Judges:

James Behrens

Citations:

Times 26-Apr-2005

Citing:

CitedIn re Blagdon Cemetry ConC 2002
A disinterment of remains should be granted only in exceptional circumstances. . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 13 May 2022; Ref: scu.225893

In re St Lawrence, Stratford-sub-Castle: ConC 1 Feb 2005

The church had been granted a faculty for the removal of a bell and its frame, which were to be installed in another church. The frame had in fact been sold and re-sold. The church sought a confirmatory faculty for the sale.
Held: The sale of church property without a faculty was not legally valid, and neither the first nor second purchaser acquired good title, and the frame remained the property of the church. Since the acts had been in good faith, and no good purpose would be served by a refusal, a confirmatory grant was made to regularise the legal position of all involved.

Judges:

Wiggs J

Citations:

Times 10-Mar-2005

Ecclesiastical

Updated: 13 May 2022; Ref: scu.223803

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.

Judges:

Lord Low

Citations:

(1902) 4F 1083

Jurisdiction:

Scotland

Cited by:

Appeal fromBannatyne v Overtoun HL 1904
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 . .
CitedThe 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, Ecclesiastical

Updated: 13 May 2022; Ref: scu.223936

In re Holy Trinity, Bosham: ConC 10 Dec 2003

A faculty was sought for the exhumation of a body in the graveyard, so that modern scientific tests could establish whether it was indeed the body of King Harold.
Held: Such a faculty must be granted only if a clear benefit could be established. A Christian burial was final, with a presumption against exhumation, which included any disturbance of the remains. Special circumstances were required to displace the presumption, to the degree of great historic national or other interest, amounting to a compelling reason. In this case there remained a strong possibility that the exhumation would not prove the truth either way. The presumption against disturbance was not displaced.

Citations:

Times 12-Dec-2003

Jurisdiction:

England and Wales

Ecclesiastical

Updated: 12 May 2022; Ref: scu.189891

Chivers and Sons Ltd v Air Ministry: 1955

The liability of the lay impropriator to pay the cost of repairing the chancel has been part of ecclesiastical law for many centuries. It rests on the maxim, which has long been recognised, that he who has the profits of the benefice should bear the burden. The burden is imposed for the benefit of the parishioners. The liability to repair the chancel is not a charge on the rectorial property, but a personal liability imposed on the owner or owners for the time being of the rectorial property. If there is more than one owner, each is severally liable.

Judges:

Wynn-Parry J

Citations:

[1955] 1 Ch 585

Cited by:

CitedParochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Land

Updated: 12 May 2022; Ref: scu.184041

Whitehouse v Lemon; Whitehouse v Gay News Ltd: HL 21 Feb 1979

The appellants challenged their conviction for blasphemous libel. They had published a poem which described homosexual acts carried out on the body of Christ after his death.
Held: For a conviction, it was necessary to show that the defendant had published the material, and that it was of the necessary character, namely that it vilified Christ in his life and crucifixion. It was not necessary to show that the defendant intended the blasphemy. A blasphemous libel is a publication of material calculated to shock or outrage the feelings of Christians. There is no need to show additionally a tendency to cause a breach of the peace.
Lord Scarman gave the rationale for the existence of an offence of blasphemy: ‘I do not subscribe to the view that the common law offence of blasphemous libel serves no useful purpose in the modern law. On the contrary, I think there is a case for legislation extending it to protect the religious beliefs and feelings of non-Christians. The offence belongs to a group of criminal offences designed to safeguard the internal tranquillity of the kingdom. In an increasingly plural society such as that of modern Britain it is necessary not only to respect the differing religious beliefs, feelings and practices of all but also to protect them from scurrility, vilification, ridicule and contempt . . I will not lend my voice to a view of the law relating to blasphemous libel which would render it a dead letter, or diminish its efficacy to protect religious feelings from outrage and insult’

Judges:

Lord Diplock, Viscount Dilhorne, Lord Edmund-Davies, Lord Russell of Killowen and Lord Scarman

Citations:

[1979] 2 WLR 281, [1979] AC 617

Links:

lip

Jurisdiction:

England and Wales

Citing:

AppliedRex v Shipley; Rex v Dean of St Asaph 1784
Tasks of Jury and Judge in Defamation Trial
In an action for defamation it is the jury’s task to decide whether the words were published and whether they are true. It is for the judge to decide whether the words are libellous. Lord Mansfield said: ‘The liberty of the press consists in . .
AppliedRegina v Hetherington 1841
Lord Denman CJ directed a jury on a trial for blasphemous libel: ‘Because, a difference of opinion may subsist, not only as between different sects of Christians, but also with regard to the great doctrines of Christianity itself . . even . .
AppliedRegina v Bradlaugh 1883
. .
Appeal fromWhitehouse v Lemon; Whitehouse v Gay News Ltd CA 1979
The defendants, editors and publisher respectively of ‘Gay News’ had been accused of blasphemous libel. The magazine had a poem entitled ‘The love that dare not Speak its Name’. it is not a necessary part of the offence that there should be an . .

Cited by:

CitedGreen, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson Admn 5-Dec-2007
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’
Held: The gist of the . .
CitedDhir v Saddler QBD 6-Dec-2017
Slander damages reduced for conduct
Claim in slander. The defendant was said, at a church meeting to have accused the client of threatening to slit her throat. The defendant argued that the audience of 80 was not large enough.
Held: ‘the authorities demonstrate that it is the . .
Lists of cited by and citing cases may be incomplete.

Defamation, Crime, Ecclesiastical

Updated: 12 May 2022; Ref: scu.174079

Dominus Rex v Woolston: 1732

The defendant having publish’d several discourses on the miracles of Christ, in which he maintain’d that the same are not to be taken in a literal sense, but that the whole relation of the life and miracles of our Lord Christ in the New Testament, is but an allegory, several informations were brought against him, in which it was laid, that the defendant published those discourses, with an intent to vilify and subvert the Christian religion ; and he being found guilty, Mr. Worley mov’d in arrest of judgment that those discouses did not amount to a libel upon Christianity, since the Scriptures are not deny’d, but oonstrued and taken in a different meaning from that they are usually understood in ; and by the same reason that making such a construction should be punishable by the common law, so it would have been punishable by the cornmon law, before the Reformation, to have taken the doctrine of transubstantiattion allegorically ; now as the common law has continued the same since the Reformstion that it was before, whatever was punishable by it before, continues so likewise since the Reformation ; so that this being not now a crime by the common law, nor was it before the Reformation, when it was held literally a part of Christianity ; neither is the allegory made by the defendant, by the same reason, a crime puniishable by the common law ; so that if this be a crime, it must be of ecclesiastical conusance ; and it may be of a very dangerous tendency to encourage prosecutions of this nature in the Temporal Courts, since it may give occasion to the carrying on of proseccutions for a rnere difference in opinion, which is tolerated by law. He urg’d, that the defendant ehould have been proceeded against upon the stat. 10 W, 3, cap. 32, by which, for denying Christianity, the first offence incapacitates the offender to hold any offiice, and c.
so that this Act having chalk’d out a special method of punishment, and being made
for the benefit of the subject, the defendant should be proceeded against according to its direction ; then he offer’d, that though it should be admitted, the discourses
did amount to a libel upon Christianity, yet the common law has not cognisance of suob an offence : but it being opposed, that this should now be made a question, it having been settled in Taylor’s Case 1 Vent. 293, and in other instances ’twas answer’d by Raymond Chief Justice : ~hL~~st~a~iity in general is parcel of the common law of
En land, and therefore to be protected by it ; now whatever strikes at the very root
the opin~on of my Lord Hale in Tmjlor’s andse: E663 so that to say, an attem~to
subvert the est~b~~~d religiou is not ~utiishab~e by those laws upon which it is
~~blish’d, is an absurdity j if this were an etitirely new case, X shouid not think
it a proper question to be made: I would have it taken rrotice of, that we do not
meddle with any differences in opinion, and that we interpose otrly where the very
root of ~h~stianity it seif is struck at, as it plainly is by this allegorical scheme,
the Kew Testament, and the whole relatiori of the life and miracles of Christ
being denied; and who can find this alIeg~r~.
As to the 9 8 10 W. 3, tis’ true, where a statute introduces a new law and ~1i3icts
a new punj~h~ent, it must be followed ; but where an Act of ParIiame~~t only inflicts
a new ~unish~ent for an off~~~ce at common law, it re~ains an o~et~ce still pu~~~shable
aa it wag before the Act; so ’tis in a case of forgery, which notw~~~stand~I~g the
5 Eliz, remains still pun~shab~e, asit was before that statute ; and with him agreed
the whole Court.
of 8 hristianity, tends ~anifestly to a dissolution of the civil goveriiment, and so was
13, EASTWICK ANT, CORE. Process sued out in the vacation. Vid. 1 Baund. 299.

Judges:

Raymond CJ

Citations:

[1732] EngR 87, (1732) Fitzg 64, (1732) 94 ER 655 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

ApprovedTaylor’s Case 1676
(Year?) An iriformatiori exhibited against him in the Crown Offce, for uttering of dlvers blasphemous expressions, horrible to hear, (viz.) that Jesus Christ was a bastard, a whoremaster, religion was a cheat ; and that he neither feared God, the . .
Lists of cited by and citing cases may be incomplete.

Crime, Ecclesiastical

Updated: 11 May 2022; Ref: scu.387202

In Re St James’ Church, Shirley: ConC 24 Dec 1993

(Winchester Consistory Court) A faculty was sought to allow the repositioning of the font.
Held: The existing textbooks on the position of the font were outdated. The House of Bishops had stated that the positioning of a font at the centre of the Chrurch should not now be a source of difficulty. The Church’s own congregation was the proper way of determining where the font should be situated. The faculty was granted.

Judges:

Christopher Clark QC

Citations:

Times 17-Feb-1994, [1994] 3 WLR 52

Ecclesiastical

Updated: 10 May 2022; Ref: scu.82199

Taylor’s Case: 1676

(Year?) An iriformatiori exhibited against him in the Crown Offce, for uttering of dlvers blasphemous expressions, horrible to hear, (viz.) that Jesus Christ was a bastard, a whoremaster, religion was a cheat ; and that he neither feared God, the devil, or man.
Beirig upon his trial, he acknowleclged the speaking of the words, except the word bastard ; and for the rest, he pretended to mean them in another sense than they ordinarily bear, (viz.) whoremaster, i.e. that Christ was master of the whore of Babylon, and such kind of evasions for the rest. But all the words being proved by several witnesses, he was found guilty.
And Hale said, that such kind of wicked blasphemous words were not only an offence to God and religion, but a crime against the laws, State and Government, and therefore punishable in this Court. For to say, religion is a cheat, is to dissolve all those obligations whereby the civil societies are preserved, arid that Christianity is parcel of the laws of England ; and therefore to reproach the Christian religion is to speak in subversion of the law.
Wherefore they gave judgment upon him, (viz.) to stand iri the pillory in three several places, and to pay one thousand marks fine, and to find sureties for his good behaviour during life.
An attack on Christian beliefs would undermine and endanger society: ‘For to say that religion is a cheat is to dissolve all those obligations whereby the civil societies are preserved and that Christianity is a parcel of the laws of England and therefore to reproach Christianity is to speak in subversion of the law.’ and ‘Contumelious reproaches of God and of the religion established are punishable here…. the Christian religion is part of the law itself’.

Judges:

Sir Matthew Hale

Citations:

(1676) 3 Keb 607, [1726] EngR 773, (1726) 1 Vent 293, (1726) 86 ER 189 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedGreen, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson Admn 5-Dec-2007
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’
Held: The gist of the . .
CitedCorway v Independent Newspapers (Ireland) Limited 30-Jul-1999
(Supreme Court of Ireland) . .
ApprovedDominus Rex v Woolston 1732
The defendant having publish’d several discourses on the miracles of Christ, in which he maintain’d that the same are not to be taken in a literal sense, but that the whole relation of the life and miracles of our Lord Christ in the New Testament, . .
Lists of cited by and citing cases may be incomplete.

Crime, Ecclesiastical

Updated: 10 May 2022; Ref: scu.261809

In re South Place Ethical Society: 1980

The court considered the meaning and nature of religious belief, and whether a trust for this purpose could be charitable.
Held: Dillon J referred to Russell LJ as having taken the view that the court could hold that there are purposes ‘so beneficial or of such utility’ to the community that they ought prima facie to be accepted as charitable, but he observed that this approach was difficult to adopt in view of Lord Simonds’ comments in Williams’ Trustees. Religion requires ‘faith in a god and worship of that god’.

Judges:

Dillon J

Citations:

[1980] 1 WLR 1565, [1980] 3 All ER 918

Cited by:

CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
CitedHelena Partnerships Ltd v HM Revenue and Customs CA 9-May-2012
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a . .
CitedHodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Charity

Updated: 09 May 2022; Ref: scu.223024

In re Barnes Simpson v Barnes: 1930

The Church is ‘an organised operative institution’ or as ‘the quasi corporate institution which carries on the work’ of the Church of England.

Citations:

[1930] 2 Ch 80

Cited by:

CitedParochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 08 May 2022; Ref: scu.184051

In re St John’s Church, Bishop’s Hatfield: 1967

Citations:

[1967]

Cited by:

CitedIn Re St Peter’s, Bushey Heath Conc 26-Oct-1970
cw Ecclesiastical Law – Faculty – Secular purpose – Use of unconsecrated curtilage of church – Jurisdiction to grant faculty
A faculty was sought for the grant of a right of way easement over unconsecrated . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 08 May 2022; Ref: scu.183126

In Re St Gregory, Offchurch: Coventry: ConC 16 Nov 2000

Where a church was listed as having special architectural or historical interest, there was a presumption against granting a faculty for any change which would adversely affect its character. Here, however, a faculty should be granted for a new Millennium window, since this was not a change adverse to its character, it did not seek to replace a window of a specifically Christian nature, the majority of parishioners appeared to be in favour of the change, and the presumption against change to a listed building had also been rebutted.

Citations:

Times 08-Nov-2000, Gazette 16-Nov-2000

Jurisdiction:

England and Wales

Land, Ecclesiastical

Updated: 08 May 2022; Ref: scu.82198

The Duke of Portland v Bingham: 26 Jan 1792

Licence to preach in Quebec chapel in Mary-le-bone not allowed to be impeached, by proceedings on the part of the impropriator, in a civil suit – he not shewing an interest that would entitle him to maintain such a suit.

Citations:

[1792] EngR 2929, (1792) 1 Hag Con 157, (1792) 161 ER 509

Links:

Commonlii

Jurisdiction:

England and Wales

Ecclesiastical

Updated: 07 May 2022; Ref: scu.361141

Rogers v Booth: CA 1937

The plaintiff, a Salvation Army Officer claimed under the Workmen’s Compensation Act.
Held: The claim failed. Sir Wilfred Green MR said that membership of the Salvation Army gave rise to a relationship ‘pre-eminently of a spiritual character’ which was not intended to give rise to legal relations, and ‘The circumstances that a monetary sum is paid to officers who enter into this relationship is, in my opinion, quite insufficient to change the relationship from what it otherwise would be. It is quite obvious that, if officers are devoting the whole of their lives to this service, the Army would make provision to maintain them, and that it in effect does. But that does not mean that the sum which is paid has any similarity to wages or salary, or any payment given contractually for services given or for services rendered. It is a maintenance payment, to enable them to carry on the work that they have undertaken. It appears to me, therefore, that the appellant cannot establish, not merely a contract of service, but also any contractual relationship at all which could possibly become a contract of service or be a contract of service, and, in my opinion, the appeal fails on that ground. So the question is whether the payment was made contractually for the services, and whether the services were rendered in return for the payment, or whether it was a mere grant or solatium.’

Judges:

Sir Wilfred Green MR

Citations:

[1937] 2 All ER 751

Jurisdiction:

England and Wales

Cited by:

CitedThe New Testament Church of God v Reverend Stewart CA 19-Oct-2007
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion.
Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an . .
CitedGladman Commercial Properties v Fisher Hargreaves Proctor and Others CA 14-Nov-2013
The claimant appealed against the striking out of his claims for fraudulent or negligent misrepresentation as to the suitability for deveopment of two former fire service properties. The court had said that a settlement with co-tortfeasors operated . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 07 May 2022; Ref: scu.259926

Hastie v McMurtrie: 1889

The pursuer had been appointed a foreign missionary of the Church of Scotland in India.
Held: He had not been appointed to an office in the church but had an ordinary contract of service which was terminable by notice in the usual way. ‘Holders of benefices in the church are public officers, and these offices are munera publica.’

Judges:

Inglis, Lord President

Citations:

(1889) 16 R 715

Cited by:

CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Lists of cited by and citing cases may be incomplete.

Scotland, Employment, Ecclesiastical

Updated: 07 May 2022; Ref: scu.236513

Regina v The Vestrymen and Churchwardens or St Pancras Middlesex: 1839

The applicant sought an order of mandamus requiring the Vestrymen and Churchwardens to hold a meeting of the parishioners for the election of Vestrymen and auditors for the Parish on the grounds that a meeting previously held for that purpose had been conducted unfairly, in that on a vote to nominate four inspectors for the election of Vestrymen, two lists of four were prepared by the two parties, that is the Churchwardens on the one hand and the Meeting on the other. On a show of hands, the Churchwardens expressed their decision in favour of their list. This was disputed; and those in favour of the list demanded a division of the voters present in order that the numbers on each side might be counted. The Churchwardens refused to take this course and declared the election carried by the show of hands. Lord Denman CJ, giving the judgment of the court said: ‘ . . . The show of hands ought to be fairly taken. Was it so taken? A strong doubt was expressed at the time whether the Churchwardens had not made an erroneous report of the numbers on each side: it is even now sworn, by several who were present, that the majority was the other way; nothing could be more reasonable than the demand that the numbers should be divide and be counted. If this had been done with closed doors, certainty would have been obtained in a few minutes. But the Churchwardens took upon themselves to declare the respective numbers in favour of that party to which they avowedly belong at the very moment when they refused to ascertain the truth. The affidavits now produced by them and many others of their belief in respect of this doubtful matter, do not meet the just complaint that they might have spoken with perfect knowledge; and that belief is, indeed, founded on the remarks and reasonings which are detailed and are very far from being conclusive. These considerations have brought us to the opinion that the mandamus ought to be issued’

Judges:

Lord Denman CJ

Citations:

(1839) 11 Ad and E 15, [1839] EngR 1019, (1839) 11 Ad and E 15, (1839) 113 ER 317

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedTromans, Regina (on the Application of) v Cannock Chase District Council and Another CA 28-Jul-2004
It was alleged that there had been a miscounting of votes in the planning committee, or that they had come to an equality of votes. There were no procedures in place to resolve the impasse.
Held: In the absence of directly applicable . .
Lists of cited by and citing cases may be incomplete.

Administrative, Ecclesiastical

Updated: 06 May 2022; Ref: scu.200219

St Mary Abbots, Kensington (Vicar and Churchwardens) v St Mary Abbots, Kensington (Inhabitants): 1873

Citations:

(1873) Trist 17

Cited by:

CitedIn Re St Peter’s, Bushey Heath Conc 26-Oct-1970
cw Ecclesiastical Law – Faculty – Secular purpose – Use of unconsecrated curtilage of church – Jurisdiction to grant faculty
A faculty was sought for the grant of a right of way easement over unconsecrated . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 06 May 2022; Ref: scu.183123

In re St Mary the Virgin, Woodkirk: 1969

Citations:

[1969] 3 All ER 952, [1969] 1 WLR 1867

Jurisdiction:

England and Wales

Cited by:

CitedIn Re St Peter’s, Bushey Heath Conc 26-Oct-1970
cw Ecclesiastical Law – Faculty – Secular purpose – Use of unconsecrated curtilage of church – Jurisdiction to grant faculty
A faculty was sought for the grant of a right of way easement over unconsecrated . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 06 May 2022; Ref: scu.183124

Britton v Standish: 1704

It is the Ecclesiastical court which has jurisdiction to proceed under the Act against a parishioner for not attending church on Sundays an not receiving the sacrament at Easter. The stautute sets this out explicitly.
Holt CJ set out the rights of parishioners over their parish church, saying: ‘Parishes were instituted for the ease and benefit of the people, and not of the parson, that they might have a place certain to repair to when they thought convenient and a parson from whom they had right to receive instruction.’

Judges:

Holt CJ

Citations:

(1704) 90 ER 976, (1704) 6 Mod Rep 188, (1704) 3 Salk 88, (1704) Holt KB 141

Statutes:

Act of Uniformity 1662 14

Ecclesiastical

Updated: 06 May 2022; Ref: scu.470797

Tooth v The Dean And Chapter Of Canterbury: 13 May 1829

The Dean and Chapter of C., being rectors of a parish, leased all the tithes belonging to the rectory. The lessees filed a bill for tithe of hops against the occupiers, to which the vicar was made a party as claiming that tithe. The occupiers then file a cross-bill against the dean and chapter and their lessees, for a discovery and production of documents. Demurrer by the dean and chapter alIowed.

Citations:

[1829] EngR 460, (1829) 3 Sim 49, (1829) 57 ER 919

Links:

Commonlii

Ecclesiastical, Land

Updated: 05 May 2022; Ref: scu.322328

Doe On The Joint And Several Demises Of The Rev H D Broughton And D W Stow v John Gully: 1829

A rector in 1814, and after the 13 Eliz. e. 20, had been repealed, in consideration of 600l, granted, bargained, and sold the rectory and glebe lands, and all tithes, andc for 100 years, to the grantee of an annuity for securing the same, After the passing of 57 G. 3, c. 99, by deed, reciting the grant of the annuity, and that A. B. had agreed to lend the rector 600l to enable him to redeem the annuity, the grantee of the same, in consideration of 600l, by direction of the rector, assigned to A. B. the 600l by him paid for the purchase of the annuity, and the term, and the rector confirmed to A. B. the rectory for that term, for the purpose of securing the repayment of the sum advanced by him to redeem the annuity, as well as other sums : Held, that inasmuch as the term was created after the passing of the 43 G. 3, e. 84, which repealed the 13 Elk. e. 20, against charging bengfices, the assignment of it for the purpose of securing the money paid as the consideration for the annuity, was valid, and vested the legal estate in A, B., although made after the 57 G. 3, c. 99, which, perhaps, revived the 13 Eliz c. 20, so far as related to charges upon benefices.

Citations:

[1829] EngR 58, (1829) 9 B and C 344, (1829) 109 ER 128

Links:

Commonlii

Ecclesiastical, Land

Updated: 05 May 2022; Ref: scu.321926

Bonaker, Clerk v Evans: Cexc 3 Dec 1850

Under stat, 1 and 2 Vict. c, 106, a writ of sequestration issued from the Consistory Court of the diocese of W reciting that the bishop had issued a monition, ordering the vicar of the vicarage of C, within the diocese, to reside on his benefice, that the monition was served on the vicar, and he returned that he had since commenced residence in consequence of this monition : that it had been officially reported to the bishop that the vicar had so commenced residence, but had not continued to reside, and had not been present at his vicarage house four months on the whole in the year following the monition ; that the bishop thereupon, by a subsequent order, ordered him to proceed to and reside on the benefice within thirty days ; which order had not been complied with : and the bishop had therefore directed the Court to sequester the profits until the order should have been complied with, or satisfactory reason for non-compliance shewn to the bishop: whereupon the Court sequestered the profits, until, ande. (as before), directing the sequestrator to collect them and out of the same to cause the cure to be duly served, and to account for the residue, andc. The sequestrator having taking the profits accordingly, an action of debt for money had and received was brought against him by the vicar. It appeared at the trial that the sequestration had issued without notice to the vicar to shew cause why it should not issue.
Held: by the Court of Exchequer Chamber, on error and bill of exceptions, that such notice was essential to the right of the sequestrator, although, after a proper preliminary proceeding, the judgment of the bishop is final. And, that a notice warning the vicar, after he had made return to the monition, that, unless he resided, the sequestration would issue, was not such a notice as was requisite. Also, that the sequestration could not be considered as issuing under sect. 56, which authorizes the bishop to sequester quousque without further monition or order, when the clerk, after being ordered to reside, begins to reside, but, before the expiration of twelve months thereafter, wilfully absents himself for one mouth. And that the action of debt was well brought. It is advisable that the sequestration in such a case should recite the delinquency and the bishops adjudication tbereon ; and that the previous monition be preceded by a summons to shew cause why it should not issue.

Citations:

[1850] EngR 923, (1850) 16 QB 162, (1850) 117 ER 840

Links:

Commonlii

Jurisdiction:

England and Wales

Ecclesiastical

Updated: 05 May 2022; Ref: scu.298270

The Ecclesiastical Commissioners For England v The Vestry of The Parish of St James And St John, Clerkenwell: 25 May 1861

The exceptions expressed in the 18 and 19 Vict. c. 120, s. 90, and 19 and 20 Vict. c. 112, s. 3 (the Metropolis Local Management Acts), do not exempt the Ecclesiastical Commissioners, acting under the Church Builditig Acts, from the provisions of the first-mentioned Act, and vestries have, under the first-mentioned Act, authority to pull down such portions of churches, as well as of other buildings, as transgress the provisions of that Act.

Citations:

[1861] EngR 620, (1861) 3 De G F and J 688, (1861) 45 ER 1045

Links:

Commonlii

Ecclesiastical, Planning

Updated: 05 May 2022; Ref: scu.284381

Church of Jesus Christ of Latter-Day Saints v Henning (Valuation Officer): CA 1962

The court was asked whether a Mormon Temple was a public place of worship. Lord Denning MR rejected an argument that the Temple was merely a church hall: ‘The short answer is that this temple is not a church hall, chapel hall nor a similar building. It is not in the least on the same footing as a church hall or chapel hall. It is a very sacred sanctuary, quite different from a building of that category.’ Donovan LJ said that the Temple was: ‘far too important in the life of the Mormon Church’ to be described as a building similar to a church hall or chapel hall.

Judges:

Lord Denning MR, Donovan and Pearson LJJ

Citations:

[1962] 1 WLR 1091

Jurisdiction:

England and Wales

Cited by:

Appeal fromChurch of Jesus Christ of Latter-Day Saints v Henning (Valuation Officer) HL 1964
The House was asked whether the Mormon Temple at Godstone was exempt from rates as a ‘place of public religious worship’.
Held: The words could not apply to places used for religious worship from which the public was excluded.
Lord Pearce . .
CitedGallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints HL 30-Jul-2008
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a . .
Lists of cited by and citing cases may be incomplete.

Rating, Ecclesiastical

Updated: 05 May 2022; Ref: scu.272216

Church of Jesus Christ of Latter-Day Saints v Henning (Valuation Officer): HL 1964

The House was asked whether the Mormon Temple at Godstone was exempt from rates as a ‘place of public religious worship’.
Held: The words could not apply to places used for religious worship from which the public was excluded.
Lord Pearce said that Parliament was entitled to take the view that religious services which were open to the public provided a public benefit which justified the exemption. He explained that from 1601 churches of the Church of England were not subject to rates and that this exemption was extended by the Poor Rate Exemption Act 1833 to ‘any churches . . meetinghouses, or premises, or any part thereof that shall be exclusively appropriated to public religious worship’. He continued: ‘By the Act of 1833 the legislature was intending to extend the privileges of exemption enjoyed by the Anglican churches to similar places of worship belonging to other denominations. Since the Church of England worshipped with open doors and its worship was in that sense public, it is unlikely that the legislature intended by the word ‘public’ some more subjective meaning which would embrace in the phrase ‘public religious worship’ any congregational worship observed behind doors closed to the public.
I find it impossible, therefore, to hold that the words ‘places of public religious worship’ includes places which, though from the worshippers’ point of view they were public as opposed to domestic, yet in the more ordinary sense were not public since the public was excluded.
. . Furthermore, it is less likely on general grounds that Parliament intended to give exemption to religious services that exclude the public, since exemptions from rating, though not necessarily consistent, show a general pattern of intention to benefit those activities which are for the good of the general public. All religious services that open their doors to the public may, in an age of religious tolerance, claim to perform some spiritual service to the general public . . ‘

Judges:

Lord Pearce

Citations:

[1964] AC 420

Statutes:

Rating and Valuation (Miscellaneous Provisions) Act 1955 7(2)(a)

Jurisdiction:

England and Wales

Citing:

Appeal fromChurch of Jesus Christ of Latter-Day Saints v Henning (Valuation Officer) CA 1962
The court was asked whether a Mormon Temple was a public place of worship. Lord Denning MR rejected an argument that the Temple was merely a church hall: ‘The short answer is that this temple is not a church hall, chapel hall nor a similar building. . .

Cited by:

CitedGallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints HL 30-Jul-2008
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a . .
CitedThe Church of Jesus Christ of Latter-Day Saints v United Kingdom ECHR 4-Mar-2014
latterdayECHR0314
The claimant said that it had been wrongfully deprived of relief from business rates for its two temples. It asserted that it was a religion, and that the treatment was discriminatory. The government said that the refusal was on the basis alone that . .
Lists of cited by and citing cases may be incomplete.

Rating, Ecclesiastical

Updated: 05 May 2022; Ref: scu.272215

Kirton v Dear: 1869

A rector is the holder of a freehold office.

Citations:

(1869) 5 CP 217

Cited by:

CitedSharpe v The Bishop of Worcester CA 30-Apr-2015
Reverend Sharpe applied for the post of Rector of Teme Valley South. The right to present (or nominate) a member of the clergy to this living was vested in Mr and Mrs Miles but a person could not be nominated without the Bishop’s approval, which was . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Employment

Updated: 04 May 2022; Ref: scu.546215

Bruker v Marcovitz: 14 Dec 2007

Canlii (Supreme Court of Canada) Contracts – Validity – Breach – Agreement with religious aspect – Husband refusing to provide wife with Jewish religious divorce after civil divorce despite agreement to do so – Action in damages against husband for breach of contract – Whether matter justiciable – Whether agreement satisfies all requirements to make it valid and binding under Quebec law – Whether husband can rely on freedom of religion to avoid legal consequences of failing to comply with agreement – Civil Code of Quebec, S.Q. 1991, c. 64, arts. 1373, 1385, 1412, 1413 – Charter of human rights and freedoms, R.S.Q., c. C-12, ss. 3, 9.1.
Human rights – Freedom of conscience and religion – Agreement with religious aspect – Jewish religious divorce or ‘get’ – Husband refusing to provide wife with Jewish religious divorce after civil divorce despite agreement to do so – Action in damages against husband for breach of contract – Whether husband entitled to immunity from damages for his breach of contract by invoking freedom of religion – Charter of human rights and freedoms, R.S.Q., c. C-12, ss. 3, 9.1.

Judges:

McLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ

Citations:

288 DLR (4th) 257, [2007] 3 SCR 607, 2007 SCC 54 (CanLII)

Links:

Canlii, Canlii

Cited by:

CitedShergill and Others v Khaira and Others SC 11-Jun-2014
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Contract, Ecclesiastical

Updated: 04 May 2022; Ref: scu.543046

Barker v O’Gorman: ChD 1971

The plaintiff sought to challenge to a proposed union between the Methodist Church and the Church of England on the ground that the Methodist Conference had no power to vary the doctrinal standards of the former church.

Citations:

[1971] Ch 215

Statutes:

The Methodist Church Union Act 1929

Cited by:

CitedShergill and Others v Khaira and Others SC 11-Jun-2014
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 04 May 2022; Ref: scu.543078

Church of the New Faith v Commissioner of Pay-Roll Tax: 1983

(Victoria) Under the Victoria Pay-roll Tax Act 1971, there was an exemption from tax payable under the Act for wages paid by a religious institution. The question considered by the High Court was ‘whether the beliefs, practices and observances which were established by the affidavits and oral evidence as the set of beliefs, practices and observances accepted by Scientologists, are properly to be described as a religion.’
Held: They were. The area of conduct is excluded from the area of legal immunity marked out by the concept of religion if it offends against the ordinary laws: that is, if it offends against laws which do not discriminate against religion generally, or against particular religions or against conduct of a kind which is characteristic only of a religion.
‘We would therefore hold that, for the purposes of the law, the criteria of religion are twofold: first, belief in a supernatural Being, Thing or Principle; and second, the acceptance of canons of conduct in order to give effect to that belief, though canons of conduct which offend against the ordinary laws are outside the area of any immunity, privilege or right conferred on the grounds of religion.’

Judges:

Brennan J, Acting Chief Justice Mason

Citations:

(1983) 154 CLR 136

Jurisdiction:

Australia

Cited by:

CitedHodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
Lists of cited by and citing cases may be incomplete.

Charity, Ecclesiastical

Updated: 04 May 2022; Ref: scu.540528

Davis v Beason, Sheriff: 3 Feb 1890

United States Supreme Court. The defendant claimed that the First Amendment insulated from civil punishment certain practices inspired or motivated by religious beliefs.
Held: The assetion failed: ‘It was never intended or supposed that the amendment could be invoked as a protection against legislation for the punishment of acts inimical to the peace, good order, and morals of society.’ The Court adopted a strictly theistic definition of religion.

Judges:

Field J

Citations:

133 US 333 (1890), 33 L Ed 637, 10 SCt 299

Links:

Worldlii

Cited by:

CitedHodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
Lists of cited by and citing cases may be incomplete.

International, Ecclesiastical, Constitutional

Updated: 04 May 2022; Ref: scu.540529

United States v Seeger: 8 Mar 1965

United States Supreme Court – The respondent claimed conscientius objection to serving in the armed forces.

Judges:

Clark J

Citations:

380 US 163 (1965)

Links:

Wordlii

Cited by:

CitedWelsh v United States 15-Jun-1970
United States Supreme Court – The appellant had refused to submit to joining the Armed Forces because he was ‘by reason of religious training and belief . . conscientiously opposed to participation in war in any form.’ . .
CitedHodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
Lists of cited by and citing cases may be incomplete.

International, Ecclesiastical

Updated: 04 May 2022; Ref: scu.540530

Welsh v United States: 15 Jun 1970

United States Supreme Court – The appellant had refused to submit to joining the Armed Forces because he was ‘by reason of religious training and belief . . conscientiously opposed to participation in war in any form.’

Judges:

Black, Douglas, Marshall, Brennan JJ

Citations:

398 US 333 (1970), [1970] USSC 147, 90 SCt 1792, 26 Led 2d 308

Links:

Worldlii

Citing:

CitedUnited States v Seeger 8-Mar-1965
United States Supreme Court – The respondent claimed conscientius objection to serving in the armed forces. . .

Cited by:

CitedHodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
Lists of cited by and citing cases may be incomplete.

International, Ecclesiastical

Updated: 04 May 2022; Ref: scu.540531

Regina v Registrar General, Ex parte Segerdal: QBD 1969

The Church of Scientology challenged the refusal of the Registrar General to register its chapel at East Grinstead as a place of meeting for religious worship.
Held: The challenge failed.

Judges:

Lord Parker CJ, Ashworth and Cantley JJ

Citations:

[1970] 1 QB 430

Statutes:

Places of Worship Registration Act 1855 2

Jurisdiction:

England and Wales

Cited by:

Appeal fromRegina v Registrar General, Ex parte Segerdal CA 1970
The Church of Scientology chapel at East Grinstead, Sussex was not a ‘place of meeting for religious worship’ within the meaning of section 2 of the 1855 Act since that would require reverence to a deity. The Church of Scientology’s services did not . .
CitedHodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
CitedHodkin and Another, Regina (on The Application of) v Registrar General of Births, Deaths and Marriages Admn 19-Dec-2012
The claimants, both scientologists, wanted to be married as the London Church Chapel. The respondent had declined to register it as a place of worship under the 1855 Act.
Held: The claim failed. Scientology is a religion. Counsel for the . .
Lists of cited by and citing cases may be incomplete.

Family, Administrative, Ecclesiastical

Updated: 04 May 2022; Ref: scu.540526

Regina v Registrar General, Ex parte Segerdal: CA 1970

The Church of Scientology chapel at East Grinstead, Sussex was not a ‘place of meeting for religious worship’ within the meaning of section 2 of the 1855 Act since that would require reverence to a deity. The Church of Scientology’s services did not meet that test, and a valid ceremony of marriage could not be conducted there. The question of whether the services performed in the chapel are properly to be regarded as a form of religious worship is inevitably conditioned by whether Scientology is to be regarded as a religion.
Lord Denning asked whether the chapel was a place of meeting for religious worship within the meaning of the Act, saying: ‘We have had much discussion on the meaning of the word ‘religion’ and of the word ‘worship’, taken separately, but I think we should take the combined phrase, ‘place of meeting for religious worship’ as used in the statute of 1855. It connotes to my mind a place of which the principal use is as a place where people come together as a congregation or assembly to do reverence to God. It need not be the God which the Christians worship. It may be another God, or an unknown God, but it must be reverence to a deity. There may be exceptions. For instance, Buddhist temples are properly described as places of meeting for religious worship. But, apart from exceptional cases of that kind, it seems to me the governing idea behind the words ‘place of meeting for religious worship’ is that it should be a place for the worship of God. I am sure that would be the meaning attached by those who framed this legislation of 1855.’
As to how that might apply to the Church of Scientology: ‘Turning to the creed of the Church of Scientology, I must say that it seems to me to be more a philosophy of the existence of man or of life, rather than a religion. Religious worship means reverence or veneration of God or of a Supreme Being. I do not find any such reverence or veneration in the creed of this church . . When I look through the ceremonies and the affidavits, I am left with the feeling that there is nothing in it of reverence for God or a deity, but simply instruction in a philosophy. There may be belief in a spirit of man, but there is no belief in a spirit of God.’
Winn LJ said that he did not feel well qualified to discuss whether Scientology could properly be called a religion, but the evidence did not show to his mind that its adherents observed any form of worship. He explained what he meant by worship: ‘by no ‘worship’, if I am bound to define my terms, I mean to indicate that they do not humble themselves in reverence and recognition of the dominant power and control of any entity or being outside their own body and life.’
Buckley LJ said: ‘Worship I take to be something which must have some at least of the following characteristics: submission to the object worshipped, veneration of that object, praise, thanksgiving, prayer or intercession.’

Judges:

Lord Denning MR, Winn and Buckley LJJ

Citations:

[1970] 2 QB 697

Statutes:

Places of Worship Registration Act 1855 2

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Registrar General, Ex parte Segerdal QBD 1969
The Church of Scientology challenged the refusal of the Registrar General to register its chapel at East Grinstead as a place of meeting for religious worship.
Held: The challenge failed. . .

Cited by:

OverruledHodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
CitedHodkin and Another, Regina (on The Application of) v Registrar General of Births, Deaths and Marriages Admn 19-Dec-2012
The claimants, both scientologists, wanted to be married as the London Church Chapel. The respondent had declined to register it as a place of worship under the 1855 Act.
Held: The claim failed. Scientology is a religion. Counsel for the . .
Lists of cited by and citing cases may be incomplete.

Family, Administrative, Ecclesiastical

Updated: 04 May 2022; Ref: scu.540525

Malnak v Yogi: 2 Feb 1979

United States Court of Appeals – Third Circuit. The court considered whether the programme of teaching transcendental meditation and its associated Science of Creative Intelligence was a religious activity and so was not to be allowed to be taught in state schools.
Held: It was such. Judge Adams, said that religion bore the same meaning in that context as in the free exercise of religion clause of the Constitution, noting that the law had moved towards a broader approach in recognition of the fact that adherence to the traditional definition would deny religious identification to the faiths adhered to by millions of Americans.
Adams J thought that it wa one thing to conclude ‘by analogy’ that a particular group of ideas is religious; it was quite another to explain what indicia are to be looked at in making such an analogy and justifying it. He identified three such indicia.
The first was that the belief system is concerned with the ultimate questions of human existence: the meaning of life and death, mankind’s role in the universe, the proper moral code of right and wrong. The second was that the belief system is comprehensive in the sense that it provides an all-embracing set of beliefs in answer to the ultimate questions. The third was that there were external signs that the belief system was of a group nature which could be analogised to accepted religions. Such signs might include formal services, ceremonial functions, the existence of clergy, structure and organisation, and attempts at propagation. These indicia were not to be thought of as a final test for a religion. Rather, they were features which recognised religions would typically exhibit.

Judges:

Aldisert, Adams and Hunter, Circuit Judges

Links:

Worldlii

Cited by:

CitedHodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, International, Education

Updated: 04 May 2022; Ref: scu.540527

X v The United Kingdom: ECHR 20 Dec 1974

Commission – Inadmissible – Article 8 of the Convention : Right to respect for correspondence. Detention after conviction. Complaint not pursued
Article 9 of the Convention : Buddhist prisoner not permitted to send out material for publication in a Buddhist magazine. Failed to prove that this was a necessary part of his religious practice.
Article 10 of the Convention : Buddhist prisoner not permitted to send out material for publication in a Buddhist magazine. Difficulties for prison authorities of checking such correspondence. Measure necessary for the prevention of disorder or crime (Article 10, paragraph 2) .

Citations:

5442/72

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

CitedCore Issues Trust v Transport for London Admn 22-Mar-2013
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Ecclesiastical

Updated: 04 May 2022; Ref: scu.538715

In Re Crawley Green Road Cemetery, Luton: ConC 2 Dec 2000

St Albans Consistory Court – The widow was unhappy that her late husband had been buried in the consecrated plot in the cemetry and sought to have the body exhumed, cremated, and re-buried in non-consecrated ground. She was and her husband had been committed humanists and the place of burial was offensive to her belief.
Held: Her evidence was inadequate to displace the normal presumption against exhumation. However the humanist belief was entitled to respect under Article 9, and the petitioner had the right ‘to remove her husband’s ashes from a place where their burial are, at least in her eyes, hypocritical and contrary to her humanist beliefs.’ That Chiristians might themselves be offended at such an action was relevenat but did not outweigh her concerns.

Judges:

Rupert Bursell QC Ch

Citations:

[2001] All ER (D) 23, [2001] HRLR 21

Statutes:

Human Rights Act 1998, European Convention on Human Rights 9

Ecclesiastical, Human Rights

Updated: 04 May 2022; Ref: scu.536638

Gray v Dight: 1677

C successfully sued D for having maliciously prosecuted him in the ecclesiastical court, as a result of which he had been excommunicated. ‘And resolved the action lies though nothing ensued but an excommunication, and no [arrest], nor any express damage laid’.

Citations:

(1677) 2 Show KB 144, (1677) 89 ER 848

Cited by:

CitedCrawford Adjusters and Others v Sagicor General Insurance (Cayman) Ltd and Another PC 13-Jun-2013
(Cayman Islands) A hurricane had damaged property insured by the respondent company. The company employed the appellant as loss adjustor, but came to suspect advance payments recommended by him, and eventually claimed damages for deceit and . .
CitedWilliamson v The Attorney General of Trinidad and Tobago PC 3-Sep-2014
(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Ecclesiastical

Updated: 04 May 2022; Ref: scu.536418

CASE XXII 1 H 7, 27 Sanctuary By All The Judges of England: 1220

Sanctuary at conmion law does not lie for treason ; it lay for other offences. At this day all sanctuaries are abolshed by a statute made 1 Jac. 1, cap. 21. Nee veniam lesso numine casus habet.

Citations:

[1220] EngR 26, (1220-1623) Jenk 166, (1220) 145 ER 108 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Ecclesiastical, Crime

Updated: 04 May 2022; Ref: scu.460938

Somerset v Markham: 1653

Prohibition, to stay a suit in the Admiralty Court. It was agreed per Curiam, that if one sued in the Spiritual Court for a matter whereof they have jurisdiction, and therein a plea is pleaded, which is triable at the common law ; yet if they will allow the plea, they shall have jurisdiction thereof, and try it; otherwise a prohibition lieth.
It was also heId, that if one answers to a suit in the Spiritual Court, and suffers sentence to pass agairmt him, he never shall have a prohibition: and if he brings an appeal, the defendant in the appeal shall not have a prohibition. And this was the principal case here, and ruled accordingly.

Citations:

[1653] EngR 1833, (1653) Cro Eliz 594, (1653) 78 ER 838 (A)

Links:

Commonlii

Transport, Ecclesiastical

Updated: 02 May 2022; Ref: scu.414140

Palmer v Warner: 1669

A ute was in the Spiritual Court, and sentence pass’d for one with costs, and 9 months after the costs are assest, and tax’d. And then comes a pardon of 21 Jac. which relates before the taxing of costs. But afterwards the sentence and that pardon was pleaded, and allowed in discharge of the costs. Then W. who had recovered sues an appeal, and P. brought a prohibitioii, and well, and no consultation shall be awarded, because by the Court that pardon relating before the taxation of costs had discharged them. As 5 Rep. 51. Hall’s case.

Citations:

[1669] EngR 366, (1669) Noy 91, (1669) 74 ER 1057 (C)

Links:

Commonlii

Ecclesiastical, Costs

Updated: 02 May 2022; Ref: scu.407206

The Duchess of Kingston’s Case: 1 Apr 1776

On plea, sentence in ecclesiastical Court ex directo in a matter properly cognizable there, is conclusive evidence where the same matter comes into question collaterally in a court of law or equity.
A sentence of jactitation is not conclusive evidence against an indictment of bigamy, for its validity may be impeached, as having been obtained by fraud. A peeress convicted of clergyable felony shall be discharged without burning or imprisonment.

Citations:

[1776] EngR 16, (1776) 1 Leach 146, (1776) 168 ER 175, [1775] EngR 54, (1775) Amb 756, (1775) 27 ER 487, (1776) 2 Smith’s LC, 13th ed 644

Links:

Commonlii, Commonlii

Cited by:

CitedPrest v Petrodel Resources Ltd and Others SC 12-Jun-2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The . .
CitedVirgin Atlantic Airways Ltd v Zodiac Seats UK Ltd SC 3-Jul-2013
Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had . .
Lists of cited by and citing cases may be incomplete.

Family, Ecclesiastical

Updated: 02 May 2022; Ref: scu.373283

Farmer v Shereman: 1792

Dismes demanded of abbey-lands, entailed before the statute of 31 Hen. 8. Benl. 143. Hetl. 135. Dismes Br. 17.
Inter Farmer and Sherernan in prohibition the case fell out, that an abbot having a privilege to be discharged of tythes quamdiu manibus propriis, in the time of E. 4. made a gift in tail, and 31 H. 8. the abbey was dissolved. The question was, whether the donee of the issue should be discharged. It seemeth clear he shall not be discharged, for the statute dischargeth none; but as the abbot was discharged at the time of the dissolution, so they must claim the estate and discharge under the abbot, since the statute, so if by a common recovery the reversion had been barred before or after the statute: but if the land had returned to the abbot or King, before or after the statute, the case had been otherwise.

Citations:

[1792] EngR 808, (1792) Hob 248, (1792) 80 ER 394 (C)

Links:

Commonlii

Ecclesiastical, Land

Updated: 02 May 2022; Ref: scu.359020

Sir George Sands’s Case: 1795

Citations:

[1795] EngR 3113, (1795) 3 Salk 22, (1795) 91 ER 668 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See AlsoDr Sands’s Case 1738
. .

Cited by:

See AlsoDr Sands’s Case 1795
Certiorari to remove conviction of recusancy denied . .
See AlsoSands’s Case 1803
. .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 02 May 2022; Ref: scu.355458

Sands’s Case: 1803

Citations:

[1803] EngR 314, (1803) T Raym 93, (1803) 83 ER 51 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See AlsoDr Sands’s Case 1738
. .
See AlsoSir George Sands’s Case 1795
. .
See AlsoDr Sands’s Case 1795
Certiorari to remove conviction of recusancy denied . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 02 May 2022; Ref: scu.344355

Campbell v Campbell: 22 Apr 1857

Consistory Court of London – Practice–Condonation–Delay –As a general rule, the Court will always accede to an application to examine witnesses viva voce; and where such application is intended for the whole cause, the pleadings must be concluded before any of the witnesses are examined. Condonation, or the renewal of conjugal intercourse, requires strict proof. In matrimonial causes there are few reasons for delay.

Citations:

[1857] EngR 421, (1857) Dea and Sw 285, (1857) 164 ER 578

Links:

Commonlii

Jurisdiction:

England and Wales

Ecclesiastical, Family

Updated: 02 May 2022; Ref: scu.290167

Long v Lord Bishop of Cape Town: PC 13 Feb 1863

After constitutional government had been granted to a colony, the Crown, by letters patent appointing a bishop, could no longer grant any coercive ecclesiastical jurisdiction to him. The church could be nothing more than a voluntary association.
The Church of England when not established in the colonies, is in the same position there as any other religious body and rules of discipline adopted by members will be binding on all who expressly or by implication have assented to them. If the religious body constitute a tribunal to determine disputes as to such rules, the decision of such tribunal will be binding when it has acted within the scope of its authority, has observed such forms as the rules require, if any forms be prescribed and, if not has proceeded in a manner consonant with the principles of justice. But such tribunal is not in any sense a court and the civil courts will give effect to its decisions as they give effect to the decisions of arbitrators whose jurisdiction rests entirely upon the agreement of the parties.
Sentences of suspension and deprivation pronounced by the Bishop of Cape Town against an Incumbent within his Diocese for refusing to give notice in his Church for the election of lay Delegates to a Synod of the Diocese, in conformity with the provisions of certain printed regulations purporting to be Acts and Constitutions passed at a previous Synod, and transmitted to the Incumbent in a letter from the Bishop, reversed; such refusal on the part of the Incumbent not being an offence, for which by the laws of the Church of England his suspension and deprivation would have been warranted

Citations:

[1863] EngR 277, (1863) 1 Moo PC NS 411, (1863) 15 ER 756

Links:

Commonlii

Cited by:

CitedShergill and Others v Khaira and Others SC 11-Jun-2014
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Ecclesiastical, Equity, Constitutional

Updated: 02 May 2022; Ref: scu.282932

Skerret v Oliver: 1896

The pursuer had been suspended from his office as a licentiate of the United Presbyterian Church for having met and walked privately with a young female member of the congregation.
Held: Lord McLaren said that the governing bodies of voluntary churches or religious associations are responsible for non-fulfilment of their obligations towards their members in the same degree as the directors of associations constituted on a secular basis are responsible.
Lord President Robertson said that courts of law take no concern with the resolutions of voluntary associations except in so far as they affect civil rights, but that if there is a claim for an invasion of patrimonial rights the court will provide a remedy.

Judges:

Lord McLaren, Lord President Robertson

Citations:

(1896) 23 R 468

Jurisdiction:

Scotland

Cited by:

CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 01 May 2022; Ref: scu.236518

McMillan v Free Church of Scotland: 1861

A clergyman complained of the loss of his benefice.
Held: A patrimonial interest was involved and that the court would protect it. While the court might not have the power to restore the pursuer to the ministry, it did not follow that he was unable to prosecute his civil rights and interests, whatever they might be.

Judges:

Lord President McNeill

Citations:

(1861) 23 D 1314

Cited by:

CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Lists of cited by and citing cases may be incomplete.

Scotland, Ecclesiastical

Updated: 30 April 2022; Ref: scu.236515

Re National Insurance Act 1911: Re Employment of Church of England Curates: 1912

A curate in the Church of England was not employed under a ‘contract of service’ within Part I(a): ‘The position of a curate is the position of a person who holds an ecclesiastical office, and not the position of a person whose rights and duties are defined by contract at all. It appears to me that there can be no pretence in reality for arguing that the relation between him and his vicar, or between him and his bishop, or between him and anyone else, is the relation of employer and servant.’

Judges:

Parker J

Citations:

[1912] 2 Ch 563

Statutes:

National Insurance Act 1911 1st SCh Part 1(a)

Jurisdiction:

England and Wales

Cited by:

CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
CitedMethodist Conference v Preston SC 15-May-2013
Minister was not an employee
The claimant asserted unfair dismissal. The Conference said that as an ordained minister she was not an employee, and was outwith the jurisdiction of such a claim.
Held: The Conference’s appeal succeeded (Baroness Hale dissenting). The essence . .
CitedSharpe v The Bishop of Worcester CA 30-Apr-2015
Reverend Sharpe applied for the post of Rector of Teme Valley South. The right to present (or nominate) a member of the clergy to this living was vested in Mr and Mrs Miles but a person could not be nominated without the Bishop’s approval, which was . .
Lists of cited by and citing cases may be incomplete.

Employment, Ecclesiastical

Updated: 30 April 2022; Ref: scu.236414

Brentnall v Free Presbyterian Church of Scotland: 1986

Judges:

Lord Justice-Clerk

Citations:

1986 SLT 471

Cited by:

CitedThe 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, Ecclesiastical

Updated: 30 April 2022; Ref: scu.223943

The Ferguson Bequest Fund Case: 1879

The court was asked to look at the sharing of an income stream where a testator intended to benefit a number of voluntary churches.
Held: The court gave useful guidance as to options available when competing bodies were deemed still to be under the umbrella of the intention of the trust.
Lord President Inglis said: ‘. . Where two parties, in the position of those now before us, each claim exclusive right to the property of the religious association to which they both originally belonged it is sometimes impossible to decide the question of property so raised without inquiring which party has adhered to and which has departed from the doctrines and rules of the association. And the same occurs where a particular congregation, having separated itself from the rest of the body, claims to retain the buildings or other property occupied by the congregation, but held on titles permanently connecting the property with the society or church, and justifies its separation on the ground that the majority of the body have renounced or departed from the articles of belief or general laws which formed the bond of union. In such cases it must be observed that the claim is based on allegations of breach of contract, that the subject in dispute is matter of civil and patrimonial right, and that the court cannot decide that question of right without reading and interpreting the contract which imposes on the members adherence to particular doctrines, laws, or usages as conditions of membership of the association …’

Judges:

Lord Shand, Lord President Inglis

Citations:

(1879) 6 R 486

Cited by:

CitedThe 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, Trusts, Ecclesiastical

Updated: 30 April 2022; Ref: scu.223941

Martin v Mackonochie: PC 1882

The Board sat with ecclesastical assessors to examine whether the religious beliefs of the Bishop of Holborn were Romish.

Citations:

(1882) 7 PD 94

Jurisdiction:

England and Wales

Citing:

Appeal fromMartin v Mackonochie Carc 1866
Whether beliefs of the Bishop of Holborn were ‘Romish’. . .

Cited by:

CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 30 April 2022; Ref: scu.223029

Dahlab v Switzerland: ECHR 15 Feb 2001

(Commission) A primary school teacher had been prohibited from wearing an Islamic headscarf at her school.
Held: The complaint was inadmissible. The court acknowledged the margin of appreciation afforded to the national authorities when determining whether this measure was ‘necessary in a democratic society’, and explained its role: ‘The Court’s task is to determine whether the measures taken at national level were justified in principle – that is, whether the reasons adduced to justify them appear ‘relevant and sufficient’ and are proportionate to the legitimate aim pursued . . In order to rule on this latter point, the Court must weigh the requirements of the protection of the rights and liberties of others against the conduct of which the applicant stood accused. In exercising the supervisory jurisdiction, the court must look at the impugned judicial decisions against the background of the case as a whole.’ The need to protect the principle of denominational neutrality in Swiss schools was an important factor which militated successfully against the applicant’s case.
‘freedom of thought, conscience and religion, as enshrined by Article 9 of the Convention, represents one of the foundations of a ‘democratic society’ within the meaning of the Convention. In its religious dimension, it is one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned. The pluralism indissociable from a democratic society, which has been dearly won over the centuries, depends on it. While religious freedom is primarily a matter of individual conscience, it also implies freedom to manifest one’s religion. Bearing witness in words and deeds is bound up with the existence of religious convictions.’

Citations:

42393/98, ECHR 2001-V

Links:

HUDOC

Statutes:

European Convention on Human Rights 9

Cited by:

CitedSB, Regina (on the Application of) v Denbigh High School CA 2-Mar-2005
The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a . .
CitedEweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 30 April 2022; Ref: scu.223117

Craigdallie v Aikman: PC 14 Jun 2013

A chapel was acquired with the subscriptions of a congregation which seceded from the Church of Scotland in 1737 and subsequently split over whether a magistrate might suppress heresy. Each of the rival groups claimed that the chapel belonged to them.
Held: No case was made to enable the court to say, that the adherents to the original opinions should, under such circumstances, for that adherence forfeit their rights. If, in the course of a schism, a few, wish to depart from the church’s constitution and set up their own church, they are at liberty to do so. But, subject to the provisions of the church’s constitution, they are not at liberty to take with them property belonging to the church from which they are seceding: ‘… if property was given in trust for A, B, C, etc., forming a congregation for religious worship; if the instrument provided for the case of a schism, then the court would act upon it; but if there was no such provision in the instrument, and the congregation happened to divide, he did not find that the law of England would execute the trust for a religious society, at the expense of a forfeiture of their property by the cestui que trusts, for adhering to the opinions and principles in which the congregation had originally united. He found no case which authorised him to say that the court would enforce such a trust, not for those who adhered to the original principles of the society, but merely with a reference to the majority; . . ‘

Judges:

Lord Eldon LC

Citations:

(1820) 2 Bli 529, (1813) 1 Dow 1, [1813] EngR 392, (1813) 1 Dow PC 1, (1813) 3 ER 601

Links:

Commonlii

Cited by:

AppliedGeneral Assembly of Free Church of Scotland v Overtoun HL 1904
Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether . .
CitedThe Bahamas District of the Methodist Church in the Caribbean and the Americas and Others v The Hon Vernon J Symonette M P Speaker of the House of Assembly and 7 Others (No 70 of 1998) and Ormond Hilton Poitier and 14 Others v The Methodist Church PC 26-Jul-2000
PC (The Bahamas) The Methodist community had split, eventually leading to a new Act. Others now challenged the constitionality of the Act, and that lands had been transferred in breach of the constitution.
ExplainedAttorney-General v Pearson 1817
No Alteration to Charty’s Objects
A protestant dissenters’ meeting house in Wolverhampton which was declared by a trust deed to be held for ‘the worship and service of God’ was the subject of a dispute between the schismatic congregation. The issue was the nature of the worship . .
Not followedVarsani and others v Jesani, Patel and Her Majesty’s Attorney-General CA 3-Apr-1998
A Hindu religious sect, constituted as a charity, had split into two factions.
Held: The court had jurisdiction to order that the assets of the sect should be divided under the powers in the Act, and held upon separate trusts for the two . .
CitedCouper v Burn 1859
The court considered a dispute as to the doctrine of the Free Church of Scotland. In doing so it was not restricted to the original documents but could look at doctrinal developments to the date of the action. . .
CitedThe 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 . .
See AlsoCraigdallie And Others v Aikman And Others PC 21-Jul-1820
. .
CitedShergill and Others v Khaira and Others SC 11-Jun-2014
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Trusts

Updated: 29 April 2022; Ref: scu.187516

In re All Saints, Harborough Magna: 1992

A parish applying for a faculty to allow installation of a mobile phone transmission mast in the church steeple needs to demonstrate positively that there was no risk to health.

Citations:

[1992] 1 WLR 1235

Jurisdiction:

England and Wales

Cited by:

CitedIn re Holy Trinity, Knaresborough; In re St Margaret’s Hawes ConC 21-May-2003
The court considered the grant of a faculty for the installation of mobile phone masts within church steeples.
Held: The court should take account of published scientific standards. A challenge that a church steeple was not appropriate for use . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 29 April 2022; Ref: scu.184489

Hautanemi v Sweden: ECHR 1996

The applicants were members of a parish of the Church of Sweden who complained of a violation of article 9 of the Convention because the Assembly of the Church of Sweden had prohibited the use of the liturgy of the Finnish Evangelical-Lutheran Church in their parish.
Held: At the relevant time the Church of Sweden and its member parishes were to be regarded as corporations of public law. Since these religious bodies cannot be considered to have been exercising governmental powers, the Church of Sweden and notably the applicant parish can nevertheless be regarded as ‘non-governmental organisations’ within the meaning of article 25(1). Having held that, as members of the parish, the applicants could be regarded as victims in terms of article 25(1), the Commission added, ‘The Commission has just found that, for the purposes of article 25 of the Convention, the Church of Sweden and its member parishes are to be regarded as ‘non-governmental organisations’. It follows that the respondent state cannot be held responsible for the alleged violation of the applicants’ freedom of religion resulting from the decision of the Church Assembly . . There has thus been no State interference with that freedom.’

Citations:

(1996) 22 EHRR CD 155

Cited by:

CitedParochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Human Rights

Updated: 29 April 2022; Ref: scu.184052

Bishop of Ely v Gibbons: 1833

Responsibility for the repair of the parish church was, absent some special custom to the contrary shared between the rector and the parishioners.

Citations:

(1833) 4 Hagg Ecc 156, [1833] EngR 261, (1833) 4 Hag Ecc 156, (1833) 162 ER 1405

Links:

Commonlii

Cited by:

CitedParochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 29 April 2022; Ref: scu.184047

Marshall v Graham: 1907

Parents were prosecuted for failing to send their children to school on Ascension Day. They argued that Ascension Day was a day ‘exclusively set aside for religious observance’ by the Church of England.
Held: A Church which is established is not thereby made a department of the State. The process of establishment means that the State has accepted the Church as the religious body in its opinion truly teaching the Christian faith, and given to it a certain legal position, and to its decrees, if rendered under certain legal conditions, certain civil sanctions. The Church seeks to serve the purposes of God, not those of the government carried on by the modern equivalents of Caesar and his proconsuls. This is true even though the Church of England has certain important links with the state. Those links, which do not include any funding of the Church by the government, give the Church a unique position but not that of a department of state.

Judges:

Phillimore J

Citations:

[1907] 2 KB 112

Jurisdiction:

England and Wales

Cited by:

CitedParochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Education

Updated: 29 April 2022; Ref: scu.184045

Little Leigh Parochial Church Council v The Church Commissioners: 1960

Citations:

[1960] 1 WLR 567

Cited by:

CitedCaptain Geoffrey Hargreaves and others v The Church Commissioners PC 12-Apr-1983
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 . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 29 April 2022; Ref: scu.183475

In re St John’s, Chelsea: 1962

Citations:

[1962] 2 All ER 850, [1962] 1 WLR 706

Jurisdiction:

England and Wales

Cited by:

CitedIn Re St Peter’s, Bushey Heath Conc 26-Oct-1970
cw Ecclesiastical Law – Faculty – Secular purpose – Use of unconsecrated curtilage of church – Jurisdiction to grant faculty
A faculty was sought for the grant of a right of way easement over unconsecrated . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 29 April 2022; Ref: scu.183125

In re St Mary’s Church, Wimbledon: ConC 17 Mar 2002

An application was made for a faculty to place a plaque at the church commemorative of a couple who had been the only married couple to win a mixed doubles championship title at the Wimbledon Tennis tournament. The two people to be remembered had not worshipped at the church with any regularity, but one was interred in the church’s garden of remembrance.
Held: There should be some demonstrable connection between the person to be commemorated and the church where commemoration was sought, but that need not have taken the form of having been a parishioner and worshipper. The local connection in this case was sufficient.

Judges:

Mr Charles George, QC

Citations:

Times 19-Apr-2002, Gazette 23-May-2002

Jurisdiction:

England and Wales

Ecclesiastical

Updated: 28 April 2022; Ref: scu.170063

Logan v Presbytery of Dumbarton (Scotland): OHCS 23 May 1995

Civil courts have no power to review acts of Church of Scotland in the exercise of its disciplinary powers in spriitual matters.

Citations:

Times 23-May-1995, 1995 SLT 1228

Statutes:

Church of Scotland Act 1921

Jurisdiction:

Scotland

Cited by:

CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 28 April 2022; Ref: scu.83149

In Re St Anne’s Church, Wrenthorpe: ConC 12 Oct 1993

The disposal of gifts to the church was to be at the discretion of the Conistory Court; The vicar and wardens of the church had title to such property.

Citations:

Times 12-Oct-1993, [1994] 1 WLR 338

Jurisdiction:

England and Wales

Cited by:

CitedIn re St Luke the Evangelist’s Church, Maidstone CArc 7-Oct-1994
The vicar and churchwardens appealed a refusal of a faculty to allow them to re-orient the services within the church to face to the south from the east.
Held: The Chancellor’s powers under the 1961 Measure had not been not reduced by the 1991 . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 28 April 2022; Ref: scu.82195

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract personally to execute any work or labour.’
Held: Her claim should proceed. The central test was the intention to create legal relations. ‘Without more, the nature of the mutual obligations, their breadth and looseness, and the circumstances in which they were undertaken, point away from a legally-binding relationship.’ but ‘The offer and acceptance of a church post for a specific period, with specific provision for the appointee’s duties and remuneration and travelling expenses and holidays and accommodation, ‘ pointed to a contract.
In matters purely spiritual, the Church is to have exclusive jurisdiction, but ‘A sex discrimination claim would not be regarded as a spiritual matter even though it is based on the way the church authorities are alleged to have exercised their disciplinary jurisdiction. The reason why a sex discrimination claim would not be so regarded is that the foundation of the claim is a contract which, viewed objectively, the parties intended should create a legally-binding relationship. The rights and obligations created by such a contract are, of their nature, not spiritual matters. They are matters of a civil nature as envisaged by section 3. In respect of such matters the jurisdiction of the civil courts remains untouched.
‘It is a fundamental rule of sex discrimination law that it is not possible to contract out of it. ‘
Lady Hale referred to Perceval-Price and said: ‘I have quoted those words . . because they illustrate how the essential distinction is, as Harvey says, between the employed and the self-employed. The fact that the worker has very considerable freedom and independence in how she performs the duties of her office does not take her outside the definition. Judges are servants of the law, in the sense that the law governs all that they do and decide, just as clergy are servants of God, in the sense that God’s word, as interpreted in the doctrine of their faith, governs all that they practise, preach and teach. This does not mean that they cannot be ‘workers’ or in the ’employment’ of those who decide how their ministry should be put to the service of the Church.’

Judges:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond

Citations:

Times 16-Dec-2005, [2005] UKHL 73, [2006] 2 WLR 353, [2006] ICR 134, [2006] IRLR 195, [2006] 2 AC 28, 2006 SLT 11, [2006] 4 All ER 1354

Links:

House of Lords, Bailii

Statutes:

Sex Discrimination Act 1975 82(1), Church of Scotland Act 1921, Equal Treatment Directive (Council Directive 76/207/EEC

Jurisdiction:

Scotland

Citing:

CitedRe National Insurance Act 1911: Re Employment of Church of England Curates 1912
A curate in the Church of England was not employed under a ‘contract of service’ within Part I(a): ‘The position of a curate is the position of a person who holds an ecclesiastical office, and not the position of a person whose rights and duties are . .
CitedScottish Insurance Commissioners v Church of Scotland SCS 1914
Assistants to ministers, (not associate ministers), of the Church of Scotland are not employed by the Church under contracts of employment. The ‘control’ test was to be used in identifying a contract of employment. An assistant to a minister was not . .
CitedPresident of the Methodist Conference v Parfitt CA 1-Oct-1983
The claimant sought to assert that he as a minister of the Methodist Church who had been received into full connection had a contract of employment with the church. Having that contract, he said hat he had been unfairly dismissed.
Held: A . .
CitedDavies v Presbyterian Church of Wales HL 1986
A minister of the Presbyterian Church of Wales who had been inducted pastor of a united pastorate in Wales claimed unfair dismissal.
Held: If the existence or otherwise of the relationship of employer and employee is dependent solely upon the . .
CitedPresident of the Methodist Conference v Parfitt CA 1-Oct-1983
The claimant sought to assert that he as a minister of the Methodist Church who had been received into full connection had a contract of employment with the church. Having that contract, he said hat he had been unfairly dismissed.
Held: A . .
Appeal fromHelen Percy v An Order and Judgment of the Employment Appeal Tribunal Dated 22 March 1999 SCS 20-Mar-2001
Mrs Percy was a minister in the church. She appealed rejection of her claim for unfair dismissal and sex discrimination.
Held: the court considered whether Ms Percy was employed by the Board of National Mission in terms of a ‘contract . .
CitedMcMillan v Guest HL 1942
The House considered whether the taxpayer held a public office.
Held: Lord Wright: The word ‘office’ as applied in an employment law context is of indefinite content. Lord Atkin said: ‘Without adopting the sentence as a complete definition one . .
Cited102 Social Club and Institute Ltd v Bickerton 1977
Philips J set out the consequences of the 1971 Act: ‘Before 1971 there was perhaps a tendency to find in contracts of employment elements of a public character which would enable the court to extend to the employee the protection flowing from ‘the . .
CitedBarthope v Exeter Diocesan Board of Finance EAT 1979
A stipendiary lay reader claimed for unfair dismissal. The respondent denied there was any contract of service.
Held: The Tribunal rejected a submission that the claimant was an office holder and, as such, that it followed he was not employed . .
CitedMiles v Wakefield Metropolitan District Council HL 1987
The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he . .
CitedReverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance CA 11-Jul-1997
A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not . .
CitedJohnson v Ryan and others EAT 29-Nov-1999
A rent officer claimed unfair dismissal. The respondent said that being appointed under a statutory authority she was not an employee entitled to protection.
Held: The defence failed: ‘The question that the [employment] tribunal should have . .
CitedLogan v Presbytery of Dumbarton (Scotland) OHCS 23-May-1995
Civil courts have no power to review acts of Church of Scotland in the exercise of its disciplinary powers in spriitual matters. . .
CitedHastie v McMurtrie 1889
The pursuer had been appointed a foreign missionary of the Church of Scotland in India.
Held: He had not been appointed to an office in the church but had an ordinary contract of service which was terminable by notice in the usual way. . .
CitedDepartment of the Environment v Fox 1980
A rent officer, although holding a statutory office and not in employment, came within section 85(2)(b) because she performed services on behalf of the Crown for the purposes of a statutory body, namely a rent assessment committee. . .
CitedDale v Inland Revenue Commissioners HL 1954
Payments to trustees, which a testator had directed should be paid from a charitable trust for their work as trustees, were held to be earned income. The Revenue had contended that they were investment income because it was repugnant to the nature . .
CitedDeborah Lawrie-Blum v Land Baden-Wuerttemberg ECJ 3-Jul-1986
The Equal Treatment Directive is concerned with ‘workers’ which is a term of art in Community law: ‘That concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and . .
CitedMarleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
CitedForbes v Eden 1865
A clergyman complained of a change in the doctrinal standards of the church.
Held: Since the matter concerned an eccliastical issue and not that he had been deprived of his status as a minister, the court could not intervene. Lord . .
CitedMcMillan v Free Church of Scotland 1861
A clergyman complained of the loss of his benefice.
Held: A patrimonial interest was involved and that the court would protect it. While the court might not have the power to restore the pursuer to the ministry, it did not follow that he was . .
CitedStewart v Kennedy HL 10-Mar-1890
As a general rule of Scottish law, extrinsic evidence of the parties’ intention as to whether or not they intended to be bound by obligations which they have entered into in writing is inadmissible. There may however be exceptional cases.
For . .
MentionedForbes v Eden HL 1867
Decision affirmed . .
CitedSkerret v Oliver 1896
The pursuer had been suspended from his office as a licentiate of the United Presbyterian Church for having met and walked privately with a young female member of the congregation.
Held: Lord McLaren said that the governing bodies of voluntary . .
CitedMirror Group Newspapers v Gunning CA 1985
The claimant sought to have transferred to her, her father’s agency for the wholesale distribution of Sunday newspapers. The claimant alleging sex discrimination after being refused. The company said that she was not an employee within the 1975 Act. . .
CitedLegal Services Commission v Yvonne Patterson CA 11-Nov-2003
The claimant worked as a sole practitioner solicitor. The firm failed the first part of its franchise assessment. She sought to allege race discrimination. The EAT rejected the complaint on the basis that she was not an employee.
Held: The . .
CitedMingeley v Pennock and Another (T/A Amber Cars) CA 9-Feb-2004
The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week . .
CitedAlabaster v Barclays Bank Plc and Another CA 3-May-2005
The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a . .
CitedM H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching) ECJ 26-Feb-1986
ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that . .
CitedFletcher, Parkes, Wilkinson v NHS Pensions Agency/Student Grants Unit the Secretary of State for Health EAT 3-Jun-2005
EAT An appeal from the dismissal of their sex discrimination claim by trainee midwives in the NHS, from whom the facility of a bursary was withdrawn during authorised absence from their training for a specified . .
CitedAllonby v Accrington and Rossendale College for Education and Employment ECJ 13-Jan-2004
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by . .
CitedCoote v Granada Hospitality Ltd ECJ 22-Sep-1998
coote_granadaECJ1998
The employer had refused to provide a reference after the claimant had left the company after making a sex discrimination claim. She said this was victimisation.
Held: The state has a duty to protect workers against retaliation after . .
CitedWippel v Peek and Cloppenburg GmbH and Co. KG ECJ 12-Oct-2004
ECJ Opinion – Directive 97/81/EC – Directive 76/207/EEC – Social policy – Equal treatment as between part-time and full-time workers – Equal treatment as between male and female workers – Working hours and . .
CitedKalanke v Freie Hansestadt Bremen ECJ 17-Oct-1995
An automatic preference of women ceteris paribus was discriminatory and unlawful. Any derogation from article 2.4 must be interpreted strictly. . .
CitedHugh-Jones v St John’s College, Cambridge 1979
An office holder can agree to execute work or labour without becoming an employee. . .
CitedWebb v EMO Air Cargo (UK) Ltd (No 1) HL 3-Mar-1993
Questions on pregnancy dismissals included unavailability at required time. The correct comparison under the Act of 1975 was between the pregnant woman and: ‘a hypothetical man who would also be unavailable at the critical time. The relevant . .
CitedTrussed Steel Concrete Ltd v Green 1946
A company director required to work full time for the company in return for a salary may be an employee: ‘… the question I have to consider is . . whether a managing director serving under a contract such as that by which Mr Green is bound is a . .
AppliedPerceval-Price, and others v Department of Economic Development etc CANI 12-Apr-2000
A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation . .
CitedMalloch v Aberdeen Corporation HL 1971
A common law action for wrongful dismissal can at most yield compensation measured by reference to the salary that should have been paid during the contractual period of notice. Lord Reid said: ‘At common law a master is not bound to hear his . .
CitedRidge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He . .
CitedGreat Western Railway Co v Bater 1920
At common law, and office is ‘a subsisting, permanent, substantive position, which had an existence independently of the person who filled it, and which went on and was filled in succession by successive holders.’ . .

Cited by:

CitedO’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
CitedMoore v The President of The Methodist Conference EAT 15-Mar-2011
EAT JURISDICTIONAL POINTS – Worker, employee or neither
Claimant, a Methodist minister, brought proceedings for unfair dismissal – Tribunal held that it was bound by President of Methodist Church Conference . .
CitedJivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
CitedThe New Testament Church of God v Reverend Stewart CA 19-Oct-2007
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion.
Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an . .
CitedSingh v The Members of The Management Committe of The Bristol Sikh Temple and Others EAT 14-Feb-2012
EAT WORKING TIME REGULATIONS – Worker
NATIONAL MINIMUM WAGE ACT – Worker
The issue was whether the Priest at a Sikh Temple was a ‘worker’ within section 54(3)(b) of the National Minimum Wage Act 1998. . .
CitedO’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
AppliedMethodist Conference v Preston SC 15-May-2013
Minister was not an employee
The claimant asserted unfair dismissal. The Conference said that as an ordained minister she was not an employee, and was outwith the jurisdiction of such a claim.
Held: The Conference’s appeal succeeded (Baroness Hale dissenting). The essence . .
CitedKhaira and Others v Shergill and Others CA 17-Jul-2012
The parties disputed the trusteeship and governance of two Gurdwaras (Sikh temples). The defendants now applied for the claim to be struck out on the basis that the differences were as to Sikh doctrines and practice and as such were unjusticiable. . .
CitedSharpe v The Bishop of Worcester CA 30-Apr-2015
Reverend Sharpe applied for the post of Rector of Teme Valley South. The right to present (or nominate) a member of the clergy to this living was vested in Mr and Mrs Miles but a person could not be nominated without the Bishop’s approval, which was . .
CitedPimlico Plumbers Ltd and Another v Smith SC 13-Jun-2018
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary.
Held: The company’s . .
CitedGilham v Ministry of Justice SC 16-Oct-2019
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights.
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment, Ecclesiastical

Leading Case

Updated: 25 April 2022; Ref: scu.236382

Bowman v Secular Society Limited: HL 1917

The plaintiff argued that the objects of the Secular Society Ltd, which had been registered under the Companies Acts, were unlawful.
Held: The House referred to ‘the last persons to go to the stake in this country pro salute animae’ in 1612 or thereabouts.
A certificate of incorporation given by the Registrar in respect of any association should be conclusive evidence that all the requirements of the Act in respect of registration and of matters precedent and incidental thereto had been complied with, and that the association was a company authorised to be registered and duly registered under the Act.
Lord Finlay LC said that the certificate was conclusive as to the existence of the society as a duly incorporated company: ‘What the Legislature was dealing with was the validity of the incorporation and it is for the purpose of incorporation, and for this purpose only, that the certificate is made conclusive’
Lord Dunedin said: ‘The certificate of incorporation in terms of the section quoted of the Companies Act, 1900, prevents any one alleging that the company does not exist’ ‘
Lord Parker of Waddington said: ‘The section does, however, preclude all His Majesty’s lieges from going behind the certificate or from alleging that the society is not a corporate body with the status and capacity conferred by the Acts’ . . And ‘[I]f the directors of the society applied its funds for an illegal object, they would be guilty of misfeasance and liable to replace the money, even if the object for which the money had been applied were expressly authorised by the memorandum.’
Lord Sumner said of the offence of blasphemous libel: ‘Our courts of law, in the exercise of their own jurisdiction, do not and never did that I can find, punish irreligious words as offences against God. As to them they held that deorum injuriae dis curae. They dealt with such words for their manner, their violence or ribaldry or, more fully stated for their tendency to endanger the public peace then and there, to deprave public morality generally, to shake the fabric of society and to be a cause of civil strife. The words, as well as the acts, which tend to endanger society differ from time to time in proportion as society is stable or insecure in fact, or is believed by its reasonable members to be open to assault.’
Lord Parker said: ‘In my opinion to constitute blasphemy at common law there must be such an element of vilification, ridicule, or irreverence as would be likely to exasperate the feelings of others and so lead to a breach of the peace’

Judges:

Lord Sumner, Lord Finlay LC, Lord Dunedin, Lord Parker of Waddington

Citations:

[1917] AC 406, [1916-17] All ER 1, 15 Cox CC 231

Statutes:

Companies Act 1900 1

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
CitedGreen, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson Admn 5-Dec-2007
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’
Held: The gist of the . .
CitedJohns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
CitedJetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Crime, Company

Updated: 24 April 2022; Ref: scu.223027

President of the Methodist Conference v Parfitt: CA 1 Oct 1983

The claimant sought to assert that he as a minister of the Methodist Church who had been received into full connection had a contract of employment with the church. Having that contract, he said hat he had been unfairly dismissed.
Held: A binding contract of service might be made between a minister and his church, but not here.
Dillon LJ accepted that: ‘the spiritual nature of the work to be done by a person and the spiritual discipline to which that person is subject may not necessarily, in an appropriate context, exclude a contractual relationship under which work which is of a spiritual nature is to be done for others by a person who is subject to spiritual discipline. On any view the spiritual nature of the work and the spiritual discipline under which it is performed must be very relevant considerations when it has to be decided whether or not there is a contractual relationship.’ However: ‘Nonetheless the courts have repeatedly recognised what is and what is not a contract of service and I have no hesitation in concluding that the relationship between a church and a minister of religion is not apt, in the absence of clear indications of a contrary intention in the document, to be regulated by a contract of service.’
Dillon LJ said: ‘The question is therefore whether Mr Parfitt had a contract of service with the Methodist church or somebody on behalf of that church. That question has been broken down in argument in this court, as it was in both the lower courts, into two questions. 1. Did Mr Parfitt have a contract with the church? 2. If so, was that contract a contract of service?’ and ‘Even so, however, in my judgment, the spiritual nature of the functions of the minister, the spiritual nature of the act of ordination by the imposition of hands and the doctrinal standards of the Methodist Church which are so fundamental to that church and to the position of every minister in it make it impossible to conclude that any contract, let alone a contract of service, came into being between the newly ordained minister and the Methodist Church when the minister was received into full connection. The nature of the stipend supports this view. In the spiritual sense, the minister sets out to serve God as his master; I do not think that it is right to say that in the legal sense he is at the point of ordination undertaking by contract to serve the church or the conference as his master throughout the years of his ministry.
Equally I do not think it is right to say that any contract, let alone a contract of service, comes into being between the church and the minister when the minister accepts an invitation from a circuit steward to become a minister on a particular circuit and the invitation and acceptance are approved by the stationing committee of the conference. Despite the elaborate detail of the standing orders in relation to the manse and the furniture and fittings to be provided by the circuit for the newly appointed minister on the circuit, it seems to me that it follows, from a correct appreciation of the spiritual nature of the minister’s position and relationship with the church, that the arrangements between the minister and the church in relation to his stationing throughout his ministry and the spiritual discipline which the church is entitled to exercise over the minister in relation to his career remain non-contractual.
It is not in dispute that there are persons such as secretaries or caretakers who are employed by the Methodist Church or by its local circuits under contracts of service. But because of his spiritual position and functions a minister is in a very different position from such persons.
I would agree with Mr Parfitt’s submissions to this extent that the spiritual nature of the work to be done by a person and the spiritual discipline to which that person is subject may not necessarily, in an appropriate context, exclude a contractual relationship under which work which is of a spiritual nature is to be done for others by a person who is subject to spiritual discipline. On any view the spiritual nature of the work and the spiritual discipline under which it is performed must be very relevant considerations when it has to be decided whether or not there is a contractual relationship.’ However: ‘Nonetheless the courts have repeatedly recognised what is and what is not a contract of service and I have no hesitation in concluding that the relationship between a church and a minister of religion is not apt, in the absence of clear indications of a contrary intention in the document, to be regulated by a contract of service.’
May LJ adopted dicta of Waterhouse J in the EAT: ‘I consider that the starting point of any consideration of the relationship between the Methodist Church and its ministers must be an examination of the faith and doctrine to which they subscribe and they seek to further. The concept of a minister as a person called by God, a servant of God and the pastor of His local church members seems to me to be central to the relationship. [After citing authorities] I am unable to accept that either party to the present proceedings intended to create a contractual relationship.’ and ‘The starting point of any consideration of the relationship between the Methodist Church and its ministers must be an examination of the faith and doctrine to which they subscribe and they seek to further. The concept of a minister as a person called by God, a servant of God and the pastor of His local church members seems to me to be central to the relationship.’
John Donaldson MR concurred.

Judges:

Dillon LJ, May LJ, Sir John Donaldson MR

Citations:

[1984] ICR 176, [1984] QB 368, [1983] 3 All ER 747, [1984] IRLR 141, [1984] 2 WLR 84

Jurisdiction:

England and Wales

Cited by:

CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
CitedThe New Testament Church of God v Reverend Stewart CA 19-Oct-2007
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion.
Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an . .
CitedBirmingham Mosque Trust Ltd v Alavi EAT 3-Dec-1991
. .
CitedSubhan v Enfield Mosque Society EAT 7-Feb-1995
. .
CitedReverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance CA 11-Jul-1997
A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not . .
CitedAddy and Others’ Application for Judicial Review CA 18-Mar-1998
. .
CitedKhan v Oxford City Mosque Society EAT 23-Jul-1998
. .
CitedNew Testament Church of God v Stewart EAT 27-Oct-2006
EAT The tribunal had been correct in finding that as between the church and a pastor there had been an intention to enter into legal relations with sufficient characteristics of a contract of service. . .
CitedMoore v The President of The Methodist Conference EAT 15-Mar-2011
EAT JURISDICTIONAL POINTS – Worker, employee or neither
Claimant, a Methodist minister, brought proceedings for unfair dismissal – Tribunal held that it was bound by President of Methodist Church Conference . .
CitedSingh v The Members of The Management Committe of The Bristol Sikh Temple and Others EAT 14-Feb-2012
EAT WORKING TIME REGULATIONS – Worker
NATIONAL MINIMUM WAGE ACT – Worker
The issue was whether the Priest at a Sikh Temple was a ‘worker’ within section 54(3)(b) of the National Minimum Wage Act 1998. . .
CitedMethodist Conference v Preston SC 15-May-2013
Minister was not an employee
The claimant asserted unfair dismissal. The Conference said that as an ordained minister she was not an employee, and was outwith the jurisdiction of such a claim.
Held: The Conference’s appeal succeeded (Baroness Hale dissenting). The essence . .
CitedGladman Commercial Properties v Fisher Hargreaves Proctor and Others CA 14-Nov-2013
The claimant appealed against the striking out of his claims for fraudulent or negligent misrepresentation as to the suitability for deveopment of two former fire service properties. The court had said that a settlement with co-tortfeasors operated . .
CitedSharpe v The Bishop of Worcester CA 30-Apr-2015
Reverend Sharpe applied for the post of Rector of Teme Valley South. The right to present (or nominate) a member of the clergy to this living was vested in Mr and Mrs Miles but a person could not be nominated without the Bishop’s approval, which was . .
Lists of cited by and citing cases may be incomplete.

Employment, Ecclesiastical

Updated: 21 April 2022; Ref: scu.236416

Methodist Conference v Preston: SC 15 May 2013

Minister was not an employee

The claimant asserted unfair dismissal. The Conference said that as an ordained minister she was not an employee, and was outwith the jurisdiction of such a claim.
Held: The Conference’s appeal succeeded (Baroness Hale dissenting). The essence of the arrangement between the Conference and a minister lay in the constitution of the Conference, and not in a contract. The relationship was established at and derived from the act of ordination, and was lifelong.
The question of whether a minister of religion serves under a contract of employment can no longer be answered simply by classifying the minister’s occupation by type: office or employment, spiritual or secular. Nor, in the generality of cases, can it be answered by reference to any presumption against the contractual character of the service of ministers of religion generally.
Three points were decisive: ‘ First, the manner in which a minister is engaged is incapable of being analysed in terms of contractual formation . . Secondly, the stipend and the manse are due to the minister by virtue only of his or her admission into full connexion and ordination . . Third, the relationship between the minister and the Church is not terminable except by the decision of the Conference or its Stationing Committee or a disciplinary committee. There is no unilateral right to resign, even on notice.’
Baroness Hale, dissenting said: ‘the relationship between a minister of religion and her Church, which is a temporal one, is not to be confused with the relationship between a minister of religion and her God, which is a spiritual one. As Ms Rose QC on behalf of the Methodist Church properly accepts, there is nothing intrinsic to religious ministry which is inconsistent with there being a contract between the minister and the Church.’

Judges:

Lord Hope, Deputy President, Lady Hale, Lord Wilson, Lord Sumption, Lord Carnwath

Citations:

[2013] UKSC 29, UKSC 2012/0015, [2013] IRLR 646, [2013] ICR 833, [2013] WLR(D) 179, [2013] 2 WLR 1350, [2013] 2 AC 163, [2013] 4 All ER 477, [2013] IRLR 646

Links:

Bailii, SC Summary, SC, WLRD, Bailii Summary

Statutes:

Employment Rights Act 1996 230

Jurisdiction:

England and Wales

Citing:

CitedPresident of the Methodist Conference v Parfitt CA 1-Oct-1983
The claimant sought to assert that he as a minister of the Methodist Church who had been received into full connection had a contract of employment with the church. Having that contract, he said hat he had been unfairly dismissed.
Held: A . .
Leave to appeal at EATMoore v The President of The Methodist Conference EAT 24-Nov-2010
EAT Jurisdictional Points : Worker, Employee or Neither – The claimant asserted the right not to be unfairly dismissed. She had been an ordained minister in Full Connection of the Methodist church.
Held: . .
At EATMoore v The President of The Methodist Conference EAT 15-Mar-2011
EAT JURISDICTIONAL POINTS – Worker, employee or neither
Claimant, a Methodist minister, brought proceedings for unfair dismissal – Tribunal held that it was bound by President of Methodist Church Conference . .
CitedRe National Insurance Act 1911: Re Employment of Church of England Curates 1912
A curate in the Church of England was not employed under a ‘contract of service’ within Part I(a): ‘The position of a curate is the position of a person who holds an ecclesiastical office, and not the position of a person whose rights and duties are . .
CitedScottish Insurance Commissioners v Church of Scotland SCS 18-Oct-1913
An assistant minister in the United Free Church said that he was an employee of the church.
Held: He was not. Lord Kinnear said that the status of an assistant minister ‘is not that of a person who undertakes work defined by contract but of a . .
CitedReverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance CA 11-Jul-1997
A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not . .
Appeal fromThe President of The Methodist Conference v Preston CA 20-Dec-2011
The claimant had been an ordained minister in the church. She sought to claim unfair dismissal. The Conference replied that she was not an employee entitled to make such a claim.
Held: The claimant was an employee. . .
AppliedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
CitedDavies v Presbyterian Church of Wales HL 1986
A minister of the Presbyterian Church of Wales who had been inducted pastor of a united pastorate in Wales claimed unfair dismissal.
Held: If the existence or otherwise of the relationship of employer and employee is dependent solely upon the . .

Cited by:

CitedSharpe v The Bishop of Worcester CA 30-Apr-2015
Reverend Sharpe applied for the post of Rector of Teme Valley South. The right to present (or nominate) a member of the clergy to this living was vested in Mr and Mrs Miles but a person could not be nominated without the Bishop’s approval, which was . .
CitedGilham v Ministry of Justice SC 16-Oct-2019
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights.
Lists of cited by and citing cases may be incomplete.

Employment, Ecclesiastical

Leading Case

Updated: 21 April 2022; Ref: scu.509244