IICSA: Some legal views

Evidence from “a venerable ecclesiastical lawyer”

On 13 March, the IICSA inquiry on the extent of any institutional failures to protect children from sexual abuse within the Anglican Church heard evidence from the Revd Canon Dr Rupert Bursell QC (referred to as “Dr Bursell” by Ms Fiona Scolding QC in the transcript and in this post) and others.  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.


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

CDM Decision and Penalty: Re Huntley (2)

Further penalty imposed on a clergyman by Bishop’s Tribunal

On 1 November 2017, the Church of England Document Library posted Huntley 2the Decision and Penalty of the Bishop’s Disciplinary Tribunal for the Diocese of Durham between Mr Andrew Thurston (Complainant) and The Reverend David George Huntley (Respondent). This followed the Tribunal’s earlier Decision, May 2016, and Decision (Appeal) and Order in August 2016, which concerned the same clergyman but on a significantly different matter.  Continue reading

Law and religion round-up – 12th November

 This week we were reminded that a “fulsome” apology meant a “sickeningly obsequious” one: aside from which there were a number of disparate issues that added up to a lengthy round-up…

Uber loses its appeal

Taxi firm Uber has lost its appeal against a ruling that its drivers should be treated as workers rather than self-employed. Last year, an Employment Tribunal ruled that Uber drivers James Farrar and Yaseen Aslam were employed by Uber and therefore entitled to holiday pay, paid rest breaks and the National Living Wage. Uber appealed, arguing that its drivers were self-employed and were under no obligation to use its booking app. In the Employment Appeal Tribunal, HHJ Eady was satisfied that the ET had not erred either in its approach or in its conclusions when it rejected Uber’s argument that it was simply connecting independent drivers with customers, Unsurprisingly, Uber has announced that it will appeal against the latest ruling.

Which has more to do with “religion” than you might think.  Continue reading

Law and religion round-up – 15th October

Sero sed serio…

… as until Friday, we thought it was going to be a quiet week for news, despite the MPs’ return to Parliament after the break for Party Conferences. In addition to our Saturday posts on Sex segregation in school, and the disposal of Ian Brady’s remains, reviewed below, shortly after the publication of this round-up, the Church of England issued a statement concerning the meditation that had taken place with the sexual abuse survivor known as “Gilo”; this prompted a response from Ecclesiastical Insurance Office plc.

Sex segregation in school

On Friday, the Court of Appeal handed down judgment in Chief Inspector of Education, Children’s Services And Skills v The Interim Executive Board of Al-Hijrah School [2017] EWCA Civ 1426. The issue of principle before the Court was

“whether it is direct discrimination, contrary to sections 13 and 85 of the Equality Act 2010 for a mixed-sex school to have a complete segregation of male and female pupils over a certain age for all lessons, breaks, school clubs and trips” [1]. Continue reading

Bishops sans frontières

On Sunday 14 May, the document Consecration of New Style Bishops – Q&A was handed out at Jesmond Parish Church. It explained the rationale behind the episcopal consecration of its curate, the Revd Jonathan Pryke and the perceived need for “New Style Bishops” operating within a non-diocesan remit. Although legal issues were not addressed in the document, it provides a framework within which these issues may be discussed and it also raises questions concerning the development of this initiative within GAFCON, GAFCON-UK and AMiE. Continue reading