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R (on the application of Gibbs) v Bishop of Manchester

High Court, Queen's Bench Division: Munby J, February 2007 Revocation of licence on notice – reasons – right of appeal

Published online by Cambridge University Press:  28 August 2007

Justin Gau
Affiliation:
Barrister, Deputy Chancellor of the Diocese of Lincoln
Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Diocese of Chichester
Rights & Permissions [Opens in a new window]

Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2007

After a risk assessment of G had been conducted, the bishop revoked G's licence to serve as a Church Army captain within the diocese. In so doing, the bishop gave G three months' paid notice and advised him to take paid leave of absence during the period of notice. Permission had been granted to G to seek a judicial review of the revocation on the ground that the bishop had acted wholly unreasonably and unfairly in revoking his licence on notice, thereby depriving him of the right of appeal to the archbishop, such appeal lying only in the event of a summary revocation for cause under Canon E 8(5). However, the judge held that the bishop, having made no findings of fact adverse to G, was entitled to revoke the licence on reasonable notice rather than summarily for cause and expressly rejected G's submission that the bishop could only revoke a licence on notice where ‘no blame or blemish’ attaches to the licensee from the revocation. [RA]