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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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