Voluntary religious rules & structures:
- Davies v Presbyterian Church of Wales  1 WLR 323:
D, a minister, asserts that he had been employed by the church under a contract service and alleged he had been unfairly dismissed.
Held: HL agreed with CA and decided it was not a contract of employment. However, it was possible for a person carrying out spiritual duties to be under a contract of employment NOT in the present case though. Reasons were b/c D's duties were dictated by his conscience not by a contract.
Charity law and reform:
- Barralet v A-G. :
Involved the issue of whether a secular association, which dealt with exposing superficial beleifs and discuss ethics/morality, is considered be a religious charity.
Held: Religion was concerned with man's relationship with God, ethics with man's relationship with man. "the main element of religion were belief in and worship of God..." Not a religious charity.
Court's willingness to intervene (remedies in contract, trust and tort):
- Forbes v Eden (1867)
A court of law will not interfere with the rules of a voluntary addociation unless to protect some civil right or interest which is said to be infringed by their operation.
- Davies v Presbyterian Church of Wales (mentioned above).
- Blake v Associated Newspapers  EWHC 1960:
Blake was made a bishop. Daily Newspaper claimed he was "sham/pretend bishop". He sued DM for Defamation. Court decided that the only way is to find out if he was really a bishop. Court declined to decide on that issue though.
Court's willingness to intervene (employment remedies):
- Percy v Church of Scotland of National Mission :
D was a female minister who was accused of sexual irregularities which she might have done. She resigned but claims she only did so b/c of fear of disciplinary punishment.
Usually the obligations between church and minister is not a legally-binding relationship. But not always without any legal effect.
Held: she was under a contract to do specific things highlighted in the terms and conditions therefore she was under a contract to execute work
"The nature of the mutual obligations [of church and minister], their breadth and looseness, and the circumstances in which they were undertaken, point away from a legally-binding relationship. But this principle... cannot be carried into arrangements which on their face are to be expected to give rise to legally-binding obligations... It is time to recognise that employment arrangements between a church and its ministers should not lightly be taken as intended to have no legal effect."
Court's willingness to intervene (public law remedies):
- R v Chief Rabbi ex p. Wachmann :
W was a Rabbi in a jewish congregation which was associated with a bigger jewish association. He was having sexual intercourse with anumber of the girls working with him in the synagogue. Was dismissed after being exposed.
Held: Judicial review not available for him. If he wants to fight decision he must do so in the realm of civil contract law.