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