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 Justice-Clerk Inglis said that the possession of a particular status, meaning by that term the capacity to perform certain functions or to hold certain offices, is a thing which the law recognises as a patrimonial interest, and that no one could be deprived of its possession by the unlawful act of another without having a legal remedy.
Judges:
Lord Justice-Clerk Inglis
Citations:
(1865) 4 M 143
Jurisdiction:
England and Wales
Cited by:
Appeal from – Forbes v Eden HL 1867
Decision affirmed . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Employment, Ecclesiastical
Updated: 05 December 2022; Ref: scu.236516