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Trust and trustee – Removal of trustee. A dispute arose regarding a trust deed that had been created in respect of property held by a Sikh Gurdwara. The dispute concerned the appointment and removal of trustees and whether the recognised religious head was, in fact, the successor to that role. The Court of Appeal, Civil Division, had permanently stayed proceedings on the ground that the dispute raised a non-justiciable issue regarding religious doctrine and practice. The Supreme Court remitted the matter to trial at the High Court. The issues regarding the trust deed could only be determined at a full trial. Further, it was established law that the court could consider religious issues where there were civil law consequences.
Trust and trustee – Removal of trustee. A dispute arose regarding a trust deed that had been created in respect of property held by a Sikh Gurdwara. The dispute concerned the appointment and removal of trustees and whether the recognised religious head was, in fact, the successor to that role. The Court of Appeal, Civil Division, had permanently stayed proceedings on the ground that the dispute raised a non-justiciable issue regarding religious doctrine and practice. The Supreme Court remitted the matter to trial at the High Court. The issues regarding the trust deed could only be determined at a full trial. Further, it was established law that the court could consider religious issues where there were civil law consequences.
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