The Court’s Approach On Religious Charitable Disputes

There are many UK charities which are based around religion, a number of which being related to the parish of churches.

The case of Trustees of the Celestial Church of Christ, Edward Street Parish (A Charity) v Lawson involved a dispute which concerned a member of a Charity being removed as a Shepherd, a religious role as appointed by the Pastor, and preaching to the parish.

Celestial Church of Christ, Edward Street Parish (A Charity) v Lawson

Background

The Claimants were Trustees of the Charity with the Defendant being a former member. Prior to the Court proceedings, the Claimants had concerns over the Defendant’s conduct whilst he was Shepherd and therefore removed him from his role of Trustee and Shepherd, regardless of his defence that he cannot be removed as Trustee and only the Pastor could remove his title as Shepherd.

The Defendant continued to act as Shepherd and would hold separate services where he would preach to a portion of the parish who were in his support. The Defendant also continued to use the Church used by the parish which was damaged in a fire and rendered unusable until repaired. The Claimants therefore sought a declaration that the Defendant could no longer present himself as Shepherd and further, no longer enter the Church.

The Court considered:

• The Charity’s constitution; and
• The responsibility of appointing the Defendant as Shepherd.

What was decided?

The Court concluded that the Claimants, as Trustees, were entitled to remove the Defendant as Trustee as this fell within the purpose of their charitable objects, as defined by the Charity’s constitution.

It was also held that the Defendant’s role as Shepherd was merely spiritual and this was not as an employee of the Charity. The Defendant could not, however, hold himself out to be a Shepherd of the Charity parish as this indicates he is acting on their behalf, which was no longer supported by the Claimants and could have an adverse impact on the Charity. The Defendant would therefore also be prevented from presenting himself as Shepherd of the parish.

Comment

The Court’s approach in this case confirms a focus on the Charity’s constitution and charitable objects. Little reliance was placed on external evidence as it was clear the constitution and its objects governed the Charity.

In respect of the religious role, the Court confirmed they could not interfere with the Defendant’s role, save for where it impacts on the Charity.