Khaira & Ors v Shergill & Ors

Khaira & Ors v Shergill & Ors

The issue of who is the 'successor' to the First Holy Saint under the trust deeds is not justiciable by the English courts, as it depends on matters of religious belief and practice for which there are no objective, judicially manageable standards. The court cannot determine the legitimacy of spiritual succession within a religious institution, and the dispute cannot be resolved by construction of the trust deeds alone.

Parties
Appellants: Mohinder Singh Khaira & Ors; Respondents: Daljit Singh Shergill & Ors
Jurisdiction
England and Wales
Judgment Date
17 July 2012
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed; proceedings struck out or permanently stayed.
Legal Topics
Non Justiciability, Trustee Succession, Religious Doctrine and Practice, Interpretation of Trust Deeds
Charity Law Trust Law Religious Law Non Justiciability Trustee Succession Religious Doctrine and Practice Interpretation of Trust Deeds

Case Brief

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Parties

Mohinder Singh Khaira & Ors

Appellants

Daljit Singh Shergill & Ors

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the English courts can adjudicate on the legitimacy of succession to spiritual leadership under religious charitable trusts
  2. 2 Whether the issue of who is 'successor' under the trust deeds is justiciable
  3. 3 Whether the construction of the trust deeds alone can resolve the dispute

Ratio Decidendi

The issue of who is the 'successor' to the First Holy Saint under the trust deeds is not justiciable by the English courts, as it depends on matters of religious belief and practice for which there are no objective, judicially manageable standards. The court cannot determine the legitimacy of spiritual succession within a religious institution, and the dispute cannot be resolved by construction of the trust deeds alone.

Court Disposition

Appeal allowed; proceedings struck out or permanently stayed.

Orders

  • The appeal is allowed.
  • The action is struck out or permanently stayed.