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20 June 2014
Issue: 7611 / Categories: Case law , Law digest , In Court
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Non-justiciability

Shergill and others v Khaira and others [2014] UKSC 33, [2014] All ER (D) 83 (Jun)

Non-justiciability referred to a case where an issue was said to be inherently unsuitable for judicial determination by reason only of its subject-matter. There were two categories. The first comprised cases where the issue in question was beyond the constitutional competence assigned to the courts under the separation of powers. The second category comprised claims or defences which were based neither on private legal rights or obligations, nor on reviewable matters of public law. The law treated unincorporated religious communities as voluntary associations. It viewed the constitution of a voluntary religious association as a civil contract as it did the contract of association of a secular body. The courts would not adjudicate on the decisions of an association’s governing bodies unless there was a question of infringement of a civil right or interest. However, disputes about doctrine or liturgy were non-justiciable if they did not as a consequence engage civil rights or interests or reviewable questions of public law. The governing bodies

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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