High Court: Sullivan J, November 2002
On the opening day of the hearing of this matter which had been listed for eight days, Mr Justice Sullivan delivered a Case Management Statement running to 6 pages. It contained his provisional view based upon a number of assumptions being made in the Defendant’s favour. He indicated that even if he were to find that the bishop were a public authority Mr Owen a victim for the purposes of the Human Rights Act 1998; and even if it were open to Mr Owen to re-argue the fairness of the bishop’s decision not to extend his term of office as team rector notwithstanding the Court of Appeal’s decision (noted at (2001) 6 Ecc LJ 83 and reproduced in full in M Hill, Ecclesiastical Law (2nd edition, Oxford 2001) at 723-739), he did not consider that the court would be in a position to afford any relief to Mr Owen beyond that which had been contained in an open offer made on behalf of the bishop. No financial loss had been put forward such as to found a claim in damages. A mandatory injunction compelling his reinstatement would not be appropriate having regard to the passage of in excess of three years and the breakdown of trust between the bishop and Mr Owen as to the latter’s suitability as team rector and as between Mr Owen and the team vicars. Following discussions between the parties, Mr Justice Sullivan approved a consent order by which Mr Owen agreed to give up possession of the rectory by the end of February 2003 and for his counterclaim to be dismissed. Attached to the consent order was a Schedule containing a joint statement from the parties. This recognised that the non-renewal of Mr Owen’s term of office was not occasioned through any finding of fault or impropriety on his part but was considered by the bishop to be in the best interests of the parish, the congregations and the team as well as Mr Owen, his family and his ministerial career. Although Mr Owen did not share the bishop’s view, he no longer wished to pursue a claim that the bishop’s decision was unlawful. It was also agreed that Mr Owen be appointed pastoral auxiliary to the bishop from 1 March 2003 to 30 September 2004, which would involve him in pastoral care to parishes in interregna or reorganisation together with the development of an industrial ministry.
(2003) 7 Ecc LJ 105-106
