Recent queries and comments – 22nd September

More answers to queries and comments

We have made a further compilation of “Quick Answers” to questions which have arisen from searches of, or comments during the past couple of weeks, providing links to our blog posts addressing these issues. This post now includes two sections: one relating to general issues; and one where the questions relate to a particular judgment. As before, the topics covered in these occasional posts do not necessarily represent our most-read blogs, but reflects the current interests of readers accessing the site on (mostly) contemporary issues.

General searches 

Question Quick Answer L&RUK Answer
burial law Scotland  New legislation in 2016. Burial and Cremation (Scotland) Act 2016 
safety and health policy in candle industry For manufacture, try British Candlemakers Federation. For use in churches, see: Candles and health & safety, (160428).
mclellan report Scotland Report of McLellan Commission published on published on 18 August 2015. Safeguarding in Scotland: McLellan Commission Report, (150819). A summary of the McLellan Report on Safeguarding in the Roman Catholic Church in Scotland.
according to lord penzance what is the definition of marriage Hyde v Hyde and Woodmansee (1866) LR 1 P&D 130. “the voluntary union for life of one man and one woman, to the exclusion of all others” Redefinition of Marriage – New Clause 9, (130510).
who is responsible for the repair of a footpath through a church yard the church, unless churchyard closed by Order in Council, and responsibility passed to Local Authority Ian Thornton’s Rights of way across churchyards: a request for assistance, (140903); and also Rights of Way across churchyards, (140907).
retired ministers of religion are they getting pension Depends upon the terms and conditions under which they were employed. Details of CofE pensions here.
ecclesiastical exemption catholic Exemption applies to:  Church of England; Church in Wales; Roman Catholic Church; Methodist Church; Baptist Union of Great Britain, Baptist Union of Wales; and United Reformed Church Explanation in Historic England’s Ecclesiastical Exemption from Listed Building Consent.
140 names “tracey etc” At least child in question was not christened with 270 names, as planned. This nonsense was  reported in round-up, (150823).
saxon tub font near Bridlington Is All Saints, Market Weighton close enough? Our only reference to All Saints, Market Weighton does not relate to its font.

 

Case law related searches

Question Quick Answer L&RUK Answer
cremation casket in wrong grave Unfortunately, not an unknown occurrence. Exhumation and re-internment dependent upon whether grave is in (CofE) consecrated ground. For recent case, see: Re South London Crematorium [2017] ECC Swk 8
 tirkey v chandhok Success for Claimant, but leaves the issue of caste unresolved. Caste discrimination again: Tirkey v Chandhok & Anor, (150928).
spirit duties act 1735 (a.k.a. ”the Gin Act”) There was a passing reference in our post on Buckfast Tonic Wine Monks’ charitable status challenged, (170411).
law on collective worship in schools “All maintained schools must provide religious education and daily collective worship for all registered pupils and promote their spiritual, moral and cultural development”. DfE Circular. Collective worship in schools – Brent, (170301).
henry Higginson architects Carlisle Henry Higginson designed a number of churches including the brick church at Botcherby. Re Botcherby St. Andrew [2016] ECC Car.
khera lost legal gurudwara case Presumably Shergill v Khaira Disputed trusteeship: Shergill v Khaira yet again, (170421)
recovery of property romanian greek catholic church The complex ruling limited considerably the ability of the Greek-Catholic Church to pursue cases for restitution of property before the Romanian courts. Expropriated church property: Lupeni in the Grand Chamber (161201).
case president discrimination act 2010 kidney transplant  Not one we have covered. Possibly refers to Hareef, R (On the Application Of) v Secretary of State for the Home Department [2016] EWHC 873 (Admin). See Kidney transplant patient loses human rights immigration case, (160429).
various claimants v institute of the brothers of the christian schools [2012] Clarification of law on vicarious liability. The Christian Brothers, child abuse and vicarious liability – yet again, (161031).

Unless marked §, the questions are the search terms used, verbatim;  questions arising externally to the blog, (twitter/other), are marked ‡; the dates in parentheses are in the format (yymmdd).

As stated in our General Terms and Conditions, at L&RUK we do not give legal advice, or purport to do so. This post is a summary of recent enquiries and comments, and links to relevant coverage in this blog and elsewhere. With regard to on-going issues, the date of this sourced material is of particular importance. For specific queries on the application of the legislation, professional legal advice should be sought.

Cite this article as: David Pocklington, "Recent queries and comments – 22nd September" in Law & Religion UK, 22 September 2017, http://www.lawandreligionuk.com/2017/09/22/recent-queries-and-comments-3/

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  1. Pingback: Law and religion round-up – 24th September | Law & Religion UK

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