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 all relevant and credible material expository of the essential fundamental principles of the Free Church, and not just the founding documents. The court was unable to identify a right of continued protest as a substantive principle of the Free Church of Scotland, nor to identify such a right as a fundamental constitutional principle of the Free Church of Scotland. And in any event such a right had not been satisfactorily delineated by the pursuers. The court could not rule in favour of an apportionment of any assets.
Judges:
Ldy Paton
Citations:
[2005] ScotCS CSOH – 46
Links:
Jurisdiction:
Scotland
Citing:
Cited – Bannatyne 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 . .
Cited – 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 . .
Cited – Brentnall v Free Presbyterian Church of Scotland 1986
. .
Cited – Couper 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. . .
Cited – 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 . .
Cited – Burnley etc Textile Union v ATWU 1986
. .
Cited – Smith v Galbraith 1843
. .
Cited – Craigie v Marshall 1850
. .
Cited – Mackay and others v Macleod and others 10-Jan-1952
The court had to determine the nature and constitution of the Free Presbyterian Church of Scotland from the provisions of a Deed of Separation, together with certain documents specified in that deed.
Held: The court was constrained to that . .
Cited – Connell v Ferguson 1861
. .
Cited – 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. . .
Lists of cited by and citing cases may be incomplete.
Ecclesiastical
Updated: 29 June 2022; Ref: scu.223834
