Ecclesiastical court judgments – December

Review of the ecclesiastical court judgments during December 2017

Attached are summaries to consistory court judgments published in December. Additional judgments for December will be posted with those for January 2018.  Continue reading

Law and religion round-up – 14th January

Reforming the coronial system, school lunches in France, smacking children in Wales, screening Star Wars in Stornoway – 2018 is in full swing…

…and following that comment directed at certain countries by President Trump (referred to by the BBC as “a disparaging remark”), the Revd Jody Stowell suggested that many vicars would be pondering whether they can quote him verbatim in their Sunday sermon. Baroness Jenkin of Kennington was not so constrained in the Thursday HL debate on Social Media. Prefaced by “please, my Lords, forgive the unparliamentary language and block your ears if you are sensitive or easily offended”, she repeated offensive comments made to Tory candidates during the last election; Hansard reported her speech without resort to circumlocution or asterisks.

Coroners

In Inertia on inquests, Joshua Rozenberg returns to the question of the disappearance of the review of coroner services launched by the MoJ in October 2015. Everyone assumes that the overwhelming response Continue reading

Boxing Day Quiz – 2017: The Answers

Answers to end-of-year quiz

On Boxing Day we posted our annual end of year quiz, based mainly upon events in law and religion that featured in our posts during 2017. Since then, followers of our twitter accounts have been given a few clues, but for those that did not pick these up, here are all the answers: Continue reading

Appeal on Bath Abbey pews?

Victorian Society announce application of leave to appeal

Following a two-day consistory court hearing in October, on 18 December 2017 the Chancellor of the Diocese of Bath and Wells granted permission for the permanent removal of the pews from the nave of Bath Abbey and their replacement with chairs in the main body of the church once the historic floor has been repaired, Re: The Church of Saint Peter and Saint Paul, Bath (Bath Abbey) [2017] ECC B&Wl. In its Press Release of 10 January, the Victorian Society announced that it had applied for leave to appeal the judgment. Continue reading

Sharia and inheritance in Western Thrace: Molla Sali

In Molla Sali v Greece (No. 20452/14) (which we noted briefly in April 2015) the applicant, Ms Chatitze Molla Sali, is a Greek national born in 1950 who lives in Komotini in Western Thrace. On the death of her husband, she inherited his entire estate under the terms of a will drawn up by him before a notary. His two sisters contested the will, on the grounds that their brother had belonged to the Muslim minority community in Western Thrace and that all matters relating to his estate were therefore subject to Islamic law and to the jurisdiction of the mufti rather than to the provisions of the Greek Civil Code. They relied in particular on the 1920 Treaty of Sèvres and the 1923 Treaty of Lausanne, which provided for Islamic customs and Islamic religious law to be applied to Greek nationals who were Muslims. Continue reading

Racist language, free expression and Article 10: GRA Stiftung

Background

GRA Stiftung gegen Rassismus und Antisemitismus (the GRA Foundation against Racism and Anti-Semitism), is a Swiss NGO that promotes tolerance and condemns racially-motivated discrimination.

In November 2009, the youth wing of the Swiss People’s Party held a meeting in Frauenfeld during the run-up to the referendum on banning the building of minarets. After the meeting, GRA posted an entry on its website citing the People’s Party’s own report of a speech by BK, the head of the party’s local youth branch, which quoted him as saying that it was time to stop the expansion of Islam, that “the Swiss guiding culture, based on Christianity, cannot allow itself to be replaced by other cultures” and that banning minarets would be an expression of the preservation of national identity. The minaret ban was approved in the referendum and the Constitution was amended to implement the result. Continue reading

Clerical abuse of spiritual power and authority

Tribunal finds priest guilty of abuse of spiritual power and authority

On Monday 8th January, the Church of England reported the findings of the Bishop’s Disciplinary Tribunal for the Diocese of Oxford in the matter of a complaint under the Clergy Discipline Measure 2003 against The Reverend Timothy Davis, Vicar of Christ Church Abingdon, (‘TD’), in respect of the mentoring he provided to a 15/16 year old schoolboy (‘W1’) whose family were members of his congregation. The BBC reports that Church of England officials believed that this was the first occasion on which a tribunal had convicted a priest of spiritual abuse. Continue reading