TH v Chapter of Worcester Cathedral & Anor

TH v Chapter of Worcester Cathedral & Anor

The defendants were not 'hybrid' public authorities and their decisions were private acts, not amenable to judicial review or the Human Rights Act. Article 8 was not engaged by restrictions on a hobby. The claim regarding the first decision was out of time. The investigation and decisions were proportionate, justified, and procedurally fair. All claims were dismissed.

Parties
Claimant: TH; First Defendant: Chapter of Worcester Cathedral; Second Defendant: Bishop of Worcester in his Corporate Capacity; Interested Party: Worcestershire County Council
Jurisdiction
England and Wales
Judgment Date
17 May 2016
Procedural Posture
Judicial Review / Judgment on Permission and Substantive Issues
Outcome
Claim dismissed; permission for judicial review refused.
Legal Topics
Judicial Review, Article 8 ECHR, Safeguarding, Procedural Fairness, Bias, Predetermination, Disclosure
Administrative Law Human Rights Judicial Review Article 8 ECHR Safeguarding Procedural Fairness Bias Predetermination +1 more

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Parties

TH

Claimant

Chapter of Worcester Cathedral

First Defendant

Bishop of Worcester in his Corporate Capacity

Second Defendant

Worcestershire County Council

Interested Party

Procedural Posture

Judicial Review / Judgment on Permission and Substantive Issues

Legal Issues

  1. 1 Whether the defendants are 'hybrid' public authorities under s.6(3)(b) HRA
  2. 2 Whether the decisions are amenable to judicial review
  3. 3 Whether Article 8 ECHR is engaged by restrictions on bell-ringing

Ratio Decidendi

The defendants were not 'hybrid' public authorities and their decisions were private acts, not amenable to judicial review or the Human Rights Act. Article 8 was not engaged by restrictions on a hobby. The claim regarding the first decision was out of time. The investigation and decisions were proportionate, justified, and procedurally fair. All claims were dismissed.

Court Disposition

Claim dismissed; permission for judicial review refused.