Khaira & Ors v Shergill & Ors [2012] EWCA Civ 983 (17 July 2012)

Khaira & Ors v Shergill & Ors [2012] EWCA Civ 983 (17 July 2012)

The core issue—whether the claimant is the 'successor' to the First Holy Saint under the trust deeds—requires the court to adjudicate on matters of religious doctrine and internal faith-based governance, for which there are no judicial or manageable standards. Such questions are non-justiciable by English courts. The dispute cannot be resolved by construction of the trust deeds alone, as it necessitates inquiry into religious beliefs and practices, which is outside the court's competence.

Citation
[2012] EWCA Civ 983
Parties
Appellants: Mohinder Singh Khaira & Ors; Respondents: Daljit Singh Shergill & Ors
Jurisdiction
England and Wales
Judgment Date
17 July 2012
Procedural Posture
Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed; proceedings struck out or permanently stayed.
Legal Topics
Non Justiciability of Religious Disputes, Construction of Trust Deeds, Removal and Appointment of Trustees, Jurisdiction of Civil Courts Over Religious Matters
Charity Law Trusts Civil Procedure Non Justiciability of Religious Disputes Construction of Trust Deeds Removal and Appointment of Trustees Jurisdiction of Civil Courts Over Religious Matters

Case Brief

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Parties

Mohinder Singh Khaira & Ors

Appellants

Daljit Singh Shergill & Ors

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the English courts have jurisdiction to determine disputes involving succession to religious office under trust deeds of religious charities
  2. 2 Whether the issue of who is 'successor' under the trust deeds is justiciable or involves non-justiciable questions of religious doctrine and practice

Ratio Decidendi

The core issue—whether the claimant is the 'successor' to the First Holy Saint under the trust deeds—requires the court to adjudicate on matters of religious doctrine and internal faith-based governance, for which there are no judicial or manageable standards. Such questions are non-justiciable by English courts. The dispute cannot be resolved by construction of the trust deeds alone, as it necessitates inquiry into religious beliefs and practices, which is outside the court's competence.

Court Disposition

Appeal allowed; proceedings struck out or permanently stayed.

Orders

  • The appeal is allowed.
  • The proceedings are struck out or permanently stayed on grounds of non-justiciability.