Background
In 2023, the congregation of Christ Church Exeter left the Free Church of England for the second time. The congregation continued occupying its church buildings, and Revd Steven Hanna continued leading worship there. The Free Church of England Central Trust, which held legal title to property associated with the congregation, brought charity proceedings to determine the trusts governing the property and the meaning of the charitable objects in Christ Church Exeter’s 2010 constitution.
The disputed property comprised the Original Church Site and Laburnum Cottage Site, which together contain the present church building; the adjoining Schoolrooms Site; and 140 Pinhoe Road, formerly used as a manse. The defendants contended that the Central Trust was merely a custodian trustee and that the trustees of the registered Christ Church Exeter charity were the managing trustees. They also argued that the dispute involved a schism requiring examination of which side adhered to the denomination’s foundational doctrines.
The Court’s Holding
Master Brightwell held that the Central Trust was the charity trustee of the Original Church Site, Laburnum Cottage Site and Schoolrooms Site, but did not hold them absolutely. The Original Church Site was held for the Free Church of England’s religious charitable purposes and to enable its use by the separate charity under the name Christ Church (Free Church of England). The Laburnum Cottage Site was held for the charitable purposes of the Free Church of England, while the Schoolrooms Site was held in connection with Christ Church Free Church of England Church in Exeter.
The court held that registration of Christ Church Exeter as charity number 1138246 and adoption of its 2010 constitution did not alter the existing property trusts; none of the disputed properties was held by that charity’s trustees under the 2010 constitution. The phrase “in union with” meant that the charity’s advancement of the Christian faith had to be pursued as part of, and in adherence to the formal structures of, the Free Church of England and in accordance with its Principles and practices. The court deferred questions concerning 140 Pinhoe Road for consequential consideration and did not decide whether either side had departed from the denomination’s fundamental doctrines.
Key Takeaways
- The Central Trust is the charity trustee, but not the absolute beneficial owner, of the church and schoolroom sites addressed in the judgment.
- The 2010 registration and constitution of Christ Church Exeter neither transferred the properties to its trustees nor changed the pre-existing trusts.
- The judgment did not resolve alleged breaches of trust, competing claims of doctrinal fidelity or the trusts governing 140 Pinhoe Road.
Why It Matters
The decision illustrates that ownership disputes following a congregation’s departure from a denomination turn on the particular conveyances, trust instruments and regulatory schemes governing each property. Legal title in a central church body does not by itself establish absolute ownership, while creation or registration of a local charity does not automatically displace older trusts.
It also confines the court’s doctrinal role to issues necessary to determine civil rights. Although courts may examine objectively ascertainable religious questions when required to enforce property trusts, no such doctrinal determination fell within the issues decided at this hearing.