Law Commission Review: 13th Programme of Law Reform

On 14 December, the Law Commission announced that leasehold, trust law, smart contracts and chancel repair liability are among the 14 projects that the Law Commission will look at over the next three years. A number of these projects are associated with “law and religion” and related issues, including: Continue reading

Law and religion round-up – 19th November

A week in which Aussies voted in favour of same-sex marriage, a report on charity trustees confirmed what we already knew and the C of E ran into an unexpected storm…

New research on charity trustees in England and Wales

The Charity Commission has published a report into trusteeship, Taken on Trust: the Awareness and Effectiveness of Charity Trustees in England & Wales which calls for changes in the way boards are recruited and supported. The report, which is based on research carried out by a team led by Professor Stephen Lee, of the Cass Business School, concludes that there are 150,000 fewer trustees in England and Wales than was previously believed, that payment of trustees remains relatively rare, with only 2,000 charities – 1.6 per cent – paying their trustees, and that boards of trustees are still disproportionately middle-class, white, male and elderly. [Full disclosurethis item is written by a white, male, elderly, middle-class charity trustee…] Continue reading

Aspects of burial law from Brady’s funeral judgment

Some issues raised in the recent judgment

On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.  Continue reading

Law and religion round-up – 5th November

A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on…

Victimisation and public interest disclosure in school

In Miss S Bi v E-ACT (England and Wales: Public Interest Disclosure: Race Discrimination: Religion or Belief Discrimination) [2017] UKET 1304471/2015, the ET upheld the claim of Ms Suriyah Bi, a Muslim teaching assistant, that her dismissal  constituted victimisation under ss.27 and 39 Equality Act 2010 Continue reading

Law and religion round-up – 22nd October

A week in which the main theme seemed to be discrimination on grounds of gender or sexual orientation

Church of England to debate blessings for same-sex couples?

Last week, as we noted, the Hereford Diocesan Synod passed a resolution requesting the House of Bishops to initiate the formulation of a discretionary liturgy for use following the registration of a civil partnership or a same-sex marriage. The BBC subsequently reported this under the headline Church of England to discuss same-sex blessing, stating that “The general synod will now debate a form of service described as ‘neither contrary to nor a departure from’ the doctrine of the church”. 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

Judge determines Ian Brady’s funeral arrangements

On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch). The Court also provided a Summary “to assist in understanding the Court’s decision. It does not form part of the reasons for the decision. The full judgment of the Court is the only authoritative document”.

The following extracts are from the Court’s summary, and a fuller consideration will be given in a later post.  Continue reading