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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 of a religious voluntary association obtained their powers over its

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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