Supreme Court reduces religious no-go area for courts

400px-uk_supreme_court_badgeKhaira v. Shergill [2014] UKSC 33, 11 June 2014   read judgment

Adam Wagner assisted two of the respondents in this case on behalf of Bindmans, solicitors, but was not involved in the writing of this post.

 

The Supreme Court has just reversed a decision of the Court of Appeal (see my previous post here) that a dispute about the trust deeds of two Sikh religious charities was non-justiciable and so could not and should not be decided by the Courts. By contrast, the SC said that two initial issues concerning the meaning of trust deeds were justiciable, and, because of this, further issues which did raise religious issues had to be determined by the courts.

The wider interest of the case is its tackling of this tricky concept of non-justiciability.

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Religious no-go area for the courts with their “costly crudities”

Khaira v. Shergill [2012] EWCA Civ 893 read judgment

We have become used to the courts getting involved, more or less willingly, in religious issues, not least where religious freedoms conflict with legal rules which are said to be inconsistent with the exercise of those freedoms. But as Adam Wagner pointed out, in an earlier round of this litigation concerning two Sikh places of worship (Gurdwaras), the courts have developed rules stopping themselves from deciding certain cases, not least because the courts recognise they don’t know what they are doing once they get themselves immersed in issues of religious doctrine.

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