REVEREND DR WILLIAM J U PHILIP AND OTHERS FOR JUDICIAL REVIEW OF THE CLOSURE OF PLACES OF WORSHIP IN SCOTLAND [2021] ScotCS CSOH_32 (24 March 2021)

REVEREND DR WILLIAM J U PHILIP AND OTHERS FOR JUDICIAL REVIEW OF THE CLOSURE OF PLACES OF WORSHIP IN SCOTLAND [2021] ScotCS CSOH_32 (24 March 2021)

The court held that the closure of places of worship by the Regulations was a disproportionate interference with the petitioners' rights under Article 9 ECHR and not justified by the evidence. The Scottish Ministers acted within their powers but failed to demonstrate that less restrictive means could not have achieved the public health aim. The Regulations, insofar as they required closure of places of worship for worship, were unlawful.

Citation
[2021] ScotCS CSOH_32
Parties
Petitioners: Reverend Dr William J U Philip and Others; Respondents and First Interested Party: Scottish Ministers; Additional Party: Canon Thomas White
Jurisdiction
Scotland
Judgment Date
24 March 2021
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Petition allowed in part; Regulations requiring closure of places of worship for worship declared unlawful.
Legal Topics
Freedom of Religion, Freedom of Assembly, Ultra Vires, Proportionality, COVID 19 Restrictions, Separation of Church and State
Constitutional Law Human Rights Law Administrative Law Public Health Law Freedom of Religion Freedom of Assembly Ultra Vires Proportionality +2 more

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Parties

Reverend Dr William J U Philip and Others

Petitioners

Scottish Ministers

Respondents and First Interested Party

Canon Thomas White

Additional Party

Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the Scottish Ministers had constitutional power to restrict the right to worship in Scotland by closing places of worship.
  2. 2 Whether the closure of places of worship was an unjustified infringement of the petitioners' rights under Articles 9 and 11 ECHR.

Ratio Decidendi

The court held that the closure of places of worship by the Regulations was a disproportionate interference with the petitioners' rights under Article 9 ECHR and not justified by the evidence. The Scottish Ministers acted within their powers but failed to demonstrate that less restrictive means could not have achieved the public health aim. The Regulations, insofar as they required closure of places of worship for worship, were unlawful.

Court Disposition

Petition allowed in part; Regulations requiring closure of places of worship for worship declared unlawful.

Orders

  • Declarator that the Regulations are unlawful insofar as they require closure of churches and criminalise public worship.
  • Reduction of regulations 4(b), (e)(i), and (f)(i) of the Regulations.