A BATTLE for the ownership of a local church reached court this week and could mark the end of 64 years of worship by its faithful members. Waterloo Spiritualist Church on South Road was established in 1937 and affiliated to the Spiritualists' National Union in 1942.
But now the church's former President has been ordered to hand over the keys to the chapel and stop conducting services.
Kevin West had changed the locks [this part of the article is inaccurate ~ the SNU changed the locks; Kevin West changed them back] at the church after the Spiritualists' National Union (SNU) had revoked his membership of the church and its presidency.
38-year old Mr. West, who lives in a flat above the ground floor chapel, unsuccessfully opposed an application for an injunction brought by the SNU to hand over the keys.
In a ruling at Liverpool County Court Judge Marshall Evans, QC, said, "These proceedings are the result of an unhappy doctrinal dispute. Under its Articles of Association the SNU has wide powers to control or intervene in the affairs of affiliated churches. Mr. West must hand over the keys and cease to be a member of President of the church or conduct services unless properly authorised by the lawfully constituted committee. I would really hope that things could be sorted out without further intervention of the courts."
But in a boost to the former President he added, "It is also accepted that as worship in the church is open to the general public Mr. West will also be entitled, as would any other member of the public not lawfully excluded, to attend church proceedings."
After the case Kevin West claimed he ha the support of the majority of church members and that the national body was simply profiteering at the expense of current members.
He said: "It's sad really. It's the same old story, a multi-million pound organisation winning because they've got the clout and the money and all the bye laws. The Spiritualists' National Union hoodwinked me and the members into believing that we were buying the building when it was in their name all the time but I'm a Scouser and I stood up to them."
Mr. West said an internet article he wrote which asked questions about the national body and how it works was at the bottom of the dispute.[Article in question]:
"To Be Or Not To Be...?"Michael Dempsey, a member of the Liverpool church and the SNU's newly appointed chairman of the Waterloo Church said, "The case didn't go as well as I thought it would go but I respect the judge's views because I know he's given it a lot of thought."
"I will now have to call a meeting for all the committee members Mr. west has excluded from the meetings and we appoint a committee under my supervision for a twelve month period."
However, Mr. West denied that any members had been excluded from the meetings.
The interim ruling made by Judge Marshall Evans allows Mr. West to continue to occupy the premises above the church.
All parties will return to the County Court on 23rd April 2001.
'It doesn't seem fair'
DOROTHY Tyrer from Church Road, Waterloo, thought she had secured the future of the South Road church for local people over a decade ago.
In 1989 she generously donated the majority of the £1,260 deposit toward a £12,600 mortgage to buy the church building which is believed to be worth more than £100,000 today.
In court, Mrs. Tyrer said, "When I instigated buying this building there was no heating, no electricity. It was in a real state. Now it's the most wonderful building I've ever seen. And Mr. Kevin West has done all the work."
But speaking after the case she added, "If I knew this had been going to happen I don't know whether I would have given the money. It is very upsetting and the whole system doesn't seem fair."
Church Secretary, Mrs. Shonagh Nugent from Crosby was very disappointed with the result. She said, "I am annoyed to say the least. We were led to believe that we were paying towards ownership of the building and we did a lot of work yet the SNU can just take over in this way. Personally I am going to resign and if the SNU brings in its own committee then I am sure I will be followed by most of the congregation."
Ousted President, Kirkby born Kevin West first became President of the Waterloo Church in 1994. He has been a Spiritualist for 18 years, having become interested while studying film, arts and the media in London.The Spiritualists' National Union immediately dissolved the current democratically elected committee of the Waterloo Church within a week of the hearing and has imposed its own people on those members that are left. Since this hearing, together with the subsequent bad press the SNU received, the church in South Road has been poorly attended.
At this first hearing (though not at the second because it was overturned) it was established in the Liverpool County Court that affiliated churches may not actually exist in law; neither their officers, committees or members!
Hard to believe?...read on...
Affiliated bodies ~ i.e.; centres and churches ~ are incorporated into a Registered Company known as the Spiritualists' National Union. This company, like any large company, has the power to control the affairs of its subsidiary branches (churches, centres and members). The Judge likened it to multinational conglomerate ICI (Imperial Chemical Industries), and the Waterloo Church was likened to a small retail outlet of the main company. The National Executive Committee (NEC) of the SNU are its Board of Directors. They 'dictate' policy, criterion, rules and so forth. Although there is an Annual Conference held each year, the powers the NEC have actually supersede any assumed powers that said affiliates and members may think they have.
The Judge further added that when individuals take out membership with an affiliated church, body, centre or the SNU itself,
"It is a written agreement that you will abide by all the rules, bye laws and articles of association of the parent company (the SNU). All monies taken through collections, donations, membership, increased equity on property and so forth, are all the property of the Spiritualists' National Union."
This means in effect that you, your members, your committee, indeed your church owns nothing ~ it all belongs to the SNU.In the case of Waterloo Spiritualist Church, the members were led to believe that in 1989 they had bought the building for themselves. The deeds were placed in Trust with the SNU because they have such a facility. However, the SNU registered the land and the deeds in its own name and not the name of the church!
In our opinion this is deception.
Further to this, the SNU General Secretary and Trust Property Committee persuaded the loyal, elderly members of the then committee of Waterloo Church to sign up to an agreement which was carefully worded to make it sound as if the members were buying the property for Waterloo Church ~ not the SNU. This Trust Property Agreement meant that the then members of the committee of Waterloo Spiritualist Church 'agree' to the purchasing of the land and building at 28 South Road, and that they 'agree to pay for it'...not 'own' it. The Union further persuaded the elderly members to pay for the £12,600; minus 10% deposit raised by said elderly members of the purchase price at circa 74% cost; not all of which was interest ~ over 15 years.
No mortgage was ever registered. No trust deed was ever drawn up...this worried the Judge greatly. Hence; the provisional granting of an Injunction.
In court they accused Kevin West of 'conduct prejudicial to the aims and objectives of Spiritualism'. By their very actions in the taking of Waterloo Spiritualist Church into their ownership and disbanding the democratically elected committee and seizing all its assets and materials, it could be easily argued to the contrary. In fact it is they who have acted 'prejudicially to the aims and objectives of Spiritualism'.
Charity Commission quote on the Waterloo case;
"The Spiritualists' National Union seem to be against the whole ethos of what Spiritualism stands for."If the SNU gets its way, even where the deeds are registered in the name of a particular church, the Judge concluded that the SNU can still have complete right of preclusion over all ~ though this can be challenged. Hence the forthcoming High Court Chancery Trial.
What does this mean for you?
When individuals and committees try to improve the buildings they have certainly bought and therefore rightly think they own, the SNU's interests are only then truly best served. In other words, they're laughing all the way to the bank while you are improving what [they think] they know to be their property but you think is yours ~ at absolutely no expense to themselves.They will further benefit through 'Dissolution of the Church' (Rule 30.) They have a right to close and sell off the property. This is provided: -
a/ Church's full membership drops to 12 or less
b/ You cease to hold regular services or teachings for 6 months
c/ You inculcate practices antagonistic to the Union.(This latter sub paragraph is a typical catch-all device employed by the SNU throughout all its rules. Ignore at your peril).
To illustrate this further perhaps a better analogy for one to make would be to buy a property and let someone else think they own it. Out of your own pocket you pay for it but get them to pay you over 15 years (in effect a mortgage) all the money you've paid for their property, plus compound interest and other costs amounting to circa 74%, give them no rights whatsoever, own them lock, stock and barrel and then throw them out when they begin to ask too many questions. Finally, wrap it all up under the banner of "Spiritualism" and the "Seven Principles" they have 'adopted'.SUPPLEMENTAL
If the SNU wins then here is perhaps a better analogy...You want to buy a car you've been renting for some time because you cannot afford one of your own for the present. However, this car is in a terrible state, as was Waterloo Church. Suddenly it becomes available for sale but you need £11,500. You borrow the money at 74% cost of loan of 15 years. You respray the vehicle; put in a new engine and interior. You register it with appropriate V5 documentation. You insure it. You service it. You restore it completely. Then one day, before the loan - which you have never defaulted on or been late in paying - is paid off; you turn up at your vehicle only to find your key won't fit the lock!
You discover that the person you borrowed the money from has decided to take the car from you now you've done all the work to it and made it the pride of the fleet. They quite happily tell you the V5 is registered in their name not yours. Everything in the car also belongs to them, including your bank account, which they attempt to seize.
You never did own it and you never will own it!
This is what we are fighting for.
This is why this action is taking place.
This must be challenged.