swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Ecclesiastical - From: 1930 To: 1959
This page lists 16 cases, and was prepared on 02 April 2018.
In re Barnes Simpson v Barnes [1930] 2 Ch 80
1930
Ecclesiastical
The Church is "an organised operative institution" or as "the quasi corporate institution which carries on the work" of the Church of England.
1 Citers
In The Matter of The Union of The Benefices of Great Massingham and Little Massingham, Norfolk (Pastoral Measure) v JCPC [1931] UKPC 22
23 Feb 1931
PC
Ecclesiastical
[ Bailii ]
The Reverend Harold Francis Davidson (Reasons) v The Bishop of Norwich (Norwich) [1932] UKPC 63
20 Oct 1932
PC
Ecclesiastical
[ Bailii ]
In re The Union of The Benefices of Bolton Le Moors, Staint Paul, Bolton Le Moors, Christ Church, and Bolton Le Moors, Emmanuel, Lancashire v JCPC [1933] UKPC 48
30 May 1933
PC
Ecclesiastical
[ Bailii ]
Special Reference In The Matter of The Union of The Benefices of Edburton and Poynings (Chichester) (Reasons) v JCPC; PC 17-Nov-1933 - [1933] UKPC 81
Special Reference In The Matter of The Union of The Benefices of Thelnetham and Hinderclay (St Edmundsbury and Ipswich) v JCPC; PC 17-Nov-1933 - [1933] UKPC 82
Wickhambrook Parochial Church Council v Croxford [1935] 2 KB 417
1935
CA
Lord Hanworth MR
Land, Ecclesiastical
The statutory powers given by the Act are not exercisable against the public generally or any class or group of persons which forms part of it. The purpose of the Act was to abolish proceedings in ecclesiastical courts for enforcing the liability to repair. The only person against whom the liability may be enforced is the person who, in that obscure phrase, "would, but for the provisions of this Act, have been liable to be admonished to repair the chancel by the appropriate ecclesiastical court in a cause of office promoted against him in that court on the date when the notice was served."
Chancel Repairs Act 1932
1 Citers
Rogers v Booth [1937] 2 All ER 751
1937
CA
Sir Wilfred Green MR
Ecclesiastical
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."
1 Citers
Representative Body of the Church in Wales v Tithe Redemption Commission [1944] AC 228
1944
HL
Viscount Simon LC, Lord Wright, Lord Porter
Ecclesiastical, Land
The issue, arising from the disestablishment of the Welsh Church, was whether tithe rent charges temporally vested in the Welsh Commissioners pending their transfer to the University of Wales while temporarily vested, subjected the Welsh Commissioners to chancel repair liability. If so, Government stock needed to be issued to the appropriate Welsh authority pursuant to the Tithe Act 1936. Held The Welsh Commissioners, so long as they held the tithe rent-charges, were lay impropriators and accordingly under a chancel repair liability. Tithe rent charges representing rectorial property of the parish, were held by the Dean and Chapter of Gloucester. Other tithe rent-charges were held by a limited company. Plymouth Estates Ltd plainly and admittedly remain liable for chancel repair. The obligation of a rector to repair the chancel was "an obligation imposed by common law". If the tithe rent charge gets into the hands of a lay impropriator at anytime it is held subject to the liability to repair" and "impropriation exists where the property is in lay hands."
1 Citers
House of Commons (Clergy Disqualification) Act, 1801 (Pastoral Measure) v Reverend MacManaway (Reasons) (Jcpc) [1950] UKPC 28
9 Oct 1950
PC
Ecclesiastical
House of Commons (Clergy Disqualification) Act 1801
[ Bailii ]
The Church Council of St Andrew Haverstock Hill and The Church Council St. Silas Kentish Town (Pastoral Measure) v The Church Commissioners (Jcpc) [1953] UKPC 14
11 May 1953
PC
Ecclesiastical
[ Bailii ]
The Reverend John Stacey Bevan and Others Ernest Leslie Rich and Others (Pastoral Measure) v The Church Commissioners (Jcpc) [1954] UKPC 13
22 Mar 1954
PC
Ecclesiastical
(JCPC)
[ Bailii ]
Erl King Hammond Derham and Reginald Albert Stark (Pastoral Measure) v The Church Commissioners for England (Jcpc) [1954] UKPC 15
30 Mar 1954
PC
Ecclesiastical
[ Bailii ]
Chivers and Sons Ltd v Air Ministry [1955] 1 Ch 585
1955
Wynn-Parry J
Ecclesiastical, Land
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.
1 Citers
Parochial Church Council of St. Mary'S South Darley (Pastoral Measure) v The Church Commissioners (Jcpc) [1955] UKPC 10
22 Mar 1955
PC
Ecclesiastical
[ Bailii ]
Thomas Gleaves (In Person) On Behalf of The Parochial Church Council of St. Barnabas Church Manchester (Pastoral Measure) v The Church Commissioners (Jcpc) [1958] UKPC 22
20 Oct 1958
PC
Ecclesiastical
[ Bailii ]