Ecclesiastical law is the law administered by the courts and other bodies of the Church of England.
Members of the team advise in all matters concerning the ecclesiastical law of the Church of England with a particular emphasis on advice and representation in faculty proceedings in Consistory Courts and the Court of Arches, and Clergy Discipline Tribunals. The team is also experienced in religious liberty claims under the Human Rights Act.
What we do:
- Advice on powers and duties of diocese, deaneries, parishes, vicar, churchwardens and Parochial Church Councils, particularly with regard to church land and buildings, acquisition or disposal of assets, funds held on trust, elections, organisation of parishes, appointment and removal of clergy and of other office holders and staff.
- Advice on general and civil law as it relates to churches, clergy and church employees, especially employment law, child protection, licensing, trusts and charity law, contract law and negligence.
- Advice in relation to faculty jurisdiction.
- Representation at proceedings before ecclesiastical courts and on ecclesiastical matters in civil and criminal courts
- Advice on rights and duties of clergy with freehold or common tenure.
- Advice on clergy conditions of appointment.
- Advice and representation in clergy unfair dismissal claims.
- Advice on clergy housing issues.
- Advice to diocese Human Resources Advisors, clergy and church employees (Organists, youth workers, church administrators) on appointments, review, performance management, ministerial development, discipline, capability and grievance matters, change management, health and safety and occupational health issues.