This paper considers the legal issues that arise in respect of the potential liability of churches and religious organizations for sexual abuse of children perpetrated by ministers of religion. This article analyses some of the leading recent US, Canadian and Australian appellate court decisions as well as the recent House of Lords decision in Lister v Hesley Hall. It is submitted that the way that other common law jurisdictions have approached the issue of sexual abuse of children will have an important influence on the way the English courts approach such cases in the future.
Faith schools are controversial. There is nothing new about this. State funding for the schools of the established church was historically objectionable to those who dissented from that establishment. Funding for any religious school has always been objectionable to secularists, who have increased in number and influence as society has become increasingly secular. More recently, the Muslim, Hindu and other faiths of the ethnic minorities of England and Wales have begun to utilise provisions that came into being with the Christian churches in mind. This had led to objections from those who are critical of the multicultural approach which has evolved since the Second World War as a response to extensive immigration from the New Commonwealth. This paper examines whether any of the political criticism of faith schools might give rise to legal challenges, now that rights under the European Convention on Human Rights are directly enforceable. In order fully to appreciate the legal arguments, it is necessary to have some understanding of the background. Accordingly, this paper begins by summarising the history of the matter before outlining the current position. An examination of the main criticisms of faith schools follows, and the paper concludes with consideration of a variety of legal arguments.
In an article in this journal published in 1998 entitled ‘Digging Up Exhumation’, Rupert Bursell, Chancellor of the Dioceses of Durham and St Albans, surveyed the then existing case law on exhumation and identified divergencies of approach between the cases. He concluded: ‘A definitive decision from the Court of Arches and Provincial Court may, therefore, seem to be called for […]’. Shortly afterwards the Chancery Court of York had occasion to consider the matter in Re Christ Church, Alsager. This article considers that case as well as two cases subsequent to it where the impact of Article 9 of the European Convention on Human Rights has fallen to be considered.
This article examines the Church of England's stewardship of its silver plate. It explains the way in which the use of chalices, patens and flagons changed over time and considers the legal basis on which church plate is held by churchwardens. It explains how, having initially discountenanced all sales of redundant church plate, consistory courts came to authorise sales to museums. It also explains how, following a series of judgments by George Newsom QC, acting first as Chancellor of both London and St Albans dioceses and later as Deputy Dean of the Court of Arches, sales on the open market were more frequently allowed and then how, following the judgment of the Court of Arches in re St Lawrence, Wootton, a more restrictive approach was re-imposed. It considers the practical and legal issues arising out of that judgment. Finally, it considers the role of the Court of Arches as a maker of policy.
In 1998 the government published a White Paper entitled Fairness at Work. It invited views on whether legislation should be introduced to take the power to extend the coverage of employment protection rights by regulation to all those who work for another person, not just those employed under a contract of employment. It would not have been apparent from this that the government was considering extending employment protection rights to ministers of religion. Nor is it likely that many people realised this could be the effect of section 23 of the Employment Rights Act 1999 by which Parliament subsequently enacted the proposal contained in the White Paper. Nonetheless the possibility was recognised as the Bill passed through Parliament. Pressed about the government's view as to the position of ministers of religion, the Minister explained that no policy decision had been taken, but he did say:
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