The Free Church Of Scotland v. The General Assembly Of The Free Church Of Scotland [2005] ScotCS CSOH_46 (24 March 2005)

The Free Church Of Scotland v. The General Assembly Of The Free Church Of Scotland [2005] ScotCS CSOH_46 (24 March 2005)

The court found that the right of continued protest is not a fundamental constitutional principle of the Free Church of Scotland. The events averred by the pursuers did not amount to a departure by the defenders from the fundamental tenets of the Free Church. Accordingly, the defenders remain entitled to the assets held in trust for the Free Church, and the pursuers have not established a relevant case for entitlement to those assets or for apportionment.

Citation
[2005] ScotCS CSOH_46
Parties
Pursuer: The General Assembly of the Association or Body of Christians known as The Free Church of Scotland and for administrative purposes only as The Free Church of Scotland (Continuing) and Others; Defender: The General Assembly of the Free Church of Scotland and Others
Jurisdiction
Scotland
Judgment Date
24 March 2005
Procedural Posture
Civil Trust/church Property Dispute / Outer House, Court of Session Opinion Following Debate on Relevancy
Outcome
Action dismissed
Legal Topics
Church Property Held in Trust, Fundamental Principles of Religious Associations, Right of Protest in Church Governance, Apportionment of Trust Assets, Jurisdiction of Civil Courts in Ecclesiastical Disputes
Trusts and Estates Ecclesiastical Law Civil Procedure Church Property Held in Trust Fundamental Principles of Religious Associations Right of Protest in Church Governance Apportionment of Trust Assets Jurisdiction of Civil Courts in Ecclesiastical Disputes

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Parties

The General Assembly of the Association or Body of Christians known as The Free Church of Scotland and for administrative purposes only as The Free Church of Scotland (Continuing) and Others

Pursuer

The General Assembly of the Free Church of Scotland and Others

Defender

Procedural Posture

Civil Trust/church Property Dispute / Outer House, Court of Session Opinion Following Debate on Relevancy

Legal Issues

  1. 1 Whether the right of continued protest is a fundamental constitutional principle of the Free Church of Scotland
  2. 2 Whether the defenders departed from fundamental tenets of the Free Church, entitling the pursuers to church assets
  3. 3 Whether apportionment of trust assets is competent in the circumstances

Ratio Decidendi

The court found that the right of continued protest is not a fundamental constitutional principle of the Free Church of Scotland. The events averred by the pursuers did not amount to a departure by the defenders from the fundamental tenets of the Free Church. Accordingly, the defenders remain entitled to the assets held in trust for the Free Church, and the pursuers have not established a relevant case for entitlement to those assets or for apportionment.

Court Disposition

Action dismissed

Orders

  • Defenders' third plea-in-law sustained
  • Action dismissed