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:
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.
Ecclesiastical
Updated: 01 May 2022; Ref: scu.236518