header-logo header-logo

Trust and trustee—Removal of trustee of religious trust—Jurisdiction

27 July 2012
Issue: 7524 / Categories: Case law , Law reports , In Court
printer mail-detail

Shergill and others v Khaira and others [2012] EWCA Civ 983, [2012] All ER (D) 167 (Jul)

Court of Appeal, Civil Division, Mummery, Hooper and Pitchford LJJ, 17 Jul 2012

The authorities establish that the courts abstain from adjudicating on the truth, merits or sincerity of differences in religious doctrine or belief and on the correctness or accuracy of religious practice, custom or tradition.

Robert Pearce QC (instructed by Ford & Warren, Leeds) for the claimants. Mark Hill QC and JK Quirke (instructed by Seymours Solicitors LLP) for the defendants.

The parties were members of the Sikh religious community. Most either were or had been trustees of one or other of two Gurdwaras used by the community as meeting places for religious worship. The Gurdwaras were in Birmingham and High Wycombe, and they were founded in the 1980s by the First Holy Saint of the Nirmal Sikhs. The Gurdwaras were subject to trust deeds (the trust deeds). The trust deeds conferred on the First Holy

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kennedys—Samson Spanier

Kennedys—Samson Spanier

Commercial disputes practice bolstered by partner hire

Bird & Bird—Emma Radcliffe

Bird & Bird—Emma Radcliffe

London competition team expands with collective actions specialist hire

Hill Dickinson—Chris Williams

Hill Dickinson—Chris Williams

Commercial dispute resolution team in London welcomes partner

NEWS
Judging is ‘more intellectually demanding than any other role in public life’—and far messier than outsiders imagine. Writing in NLJ this week, Professor Graham Zellick KC reflects on decades spent wrestling with unclear legislation, fragile precedent and human fallibility
The long-predicted death of the billable hour may finally be here—and this time, it’s armed with a scythe. In a sweeping critique of time-based billing, Ian McDougall, president of the LexisNexis Rule of Law Foundation, argues in this week's NLJ that artificial intelligence has made hourly charging ‘intellectually, commercially and ethically indefensible’
From fake authorities to rent reform, the civil courts have had a busy start to 2026. In his latest 'Civil way' column for NLJ this week, Stephen Gold surveys a procedural landscape where guidance, discretion and discipline are all under strain
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings
As the Winter Olympics open in Milan and Cortina, legal disputes are once again being resolved almost as fast as the athletes compete. Writing in NLJ this week, Professor Ian Blackshaw of Valloni Attorneys examines the Court of Arbitration for Sport’s (CAS's) ad hoc divisions, which can decide cases within 24 hours
back-to-top-scroll