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

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

The Parish's constitution empowers the Parochial Committee to appoint and dismiss the shepherd without recourse to the Pastor's authority; the defendant ceased to be a trustee, member, or officer upon dismissal. The disciplinary process, though polarised, was conducted by the democratically elected body in furtherance of the Parish's charitable objectives. The defendant was an officer, not an employee, and his remuneration was a stipend. The claimants are entitled to restrain the defendant from passing-off and entering the church premises.

Parties
Claimant: The Trustees of the Celestial Church of Christ, Edward Street Parish; Defendant: Dennis Olumide Lawson
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Civil / Judgment
Outcome
Judgment for claimants
Legal Topics
Appointment and Removal of Trustees, Passing Off, Interpretation of Constitutions, Disciplinary Procedures, Employment Status
Charity Law Trusts Employment Law Religious Law Appointment and Removal of Trustees Passing Off Interpretation of Constitutions Disciplinary Procedures +1 more

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Parties

The Trustees of the Celestial Church of Christ, Edward Street Parish

Claimant

Dennis Olumide Lawson

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the claimants had the power to remove the defendant as shepherd and trustee of the Parish
  2. 2 Whether the defendant was an officer or employee of the Parish
  3. 3 Whether the defendant's actions constituted passing-off

Ratio Decidendi

The Parish's constitution empowers the Parochial Committee to appoint and dismiss the shepherd without recourse to the Pastor's authority; the defendant ceased to be a trustee, member, or officer upon dismissal. The disciplinary process, though polarised, was conducted by the democratically elected body in furtherance of the Parish's charitable objectives. The defendant was an officer, not an employee, and his remuneration was a stipend. The claimants are entitled to restrain the defendant from passing-off and entering the church premises.

Court Disposition

Judgment for claimants

Orders

  • Declaration that defendant has ceased to be trustee, member, or officer of the Parish
  • Order restraining defendant from passing-off as shepherd or representing activities as those of the Parish