WATERLOO SPIRITUALIST ASSOCIATION is delighted at the latest victory in Liverpool County Court in the case of the SPIRITUALIST NATIONAL UNION (SNU) versus KEVIN WEST.Originally back in March 2001, Mr. West was given just 2 days to get his case together. He was not supposed to fight it. He was meant to just walk away and disappear. However, he raised £600 ($900) in 24 hours, and paid a barrister, Nicholas Jackson QC, to represent him. Happily, he has since been legally aided. The Injunction the SNU sought was only granted on an 'interim' basis for one month only whilst 'further disclosures were called for by the Court'.
In other words, in the Judge's mind, there were 'substantial doubts that the SNU had any right of occupation of the premises over the church committee and its members', said Judge Marshall QC. The Judge in the case further expressed 'concerns' with regard to: -
*In 1989 the Purchase of 28 South Road and the land proceeded on the basis of the title not being conveyed to the "Church". Even though it is the members who have bought and paid for it through their subscriptions and donations.
*No declaration of "Trust" was ever made to the Church. Even though it is held on trust for the benefit of its members.
*No Trust Deed was ever drawn up. Very worrying.
Doubts were also cast on the validity of the SNU Court Action in terms of it "being progressed through the control of Michael Dempsey". Nicholas Jackson QC (defending Mr. West) argued that, 'if there were someone about the Court impersonating Nicholas Jackson QC, then it is not the job of anyone ~ including the Court ~ other than Nicholas Jackson QC to bring the impostor to book. Further, the SNU cannot bring this Action against Mr. West through its "lackey", Mr. Dempsey!'
The Judge expressed great dismay when he was shown the list of new names constituting the new committee. When the list was read out he interrupted Mr. Grundy QC...
..."As I understand it, Mr. Grundy QC, at the time of the last hearing, under Mr. West's Presidency Jeanette Rose was Vice-President, Shonagh Nugent was Secretary, Rita Costello was Treasurer, Monica Sinnott, Shirley Riley and Jane Cooper Stainton were the original committee. Where are they now?"
The SNU had to admit that following the first hearing they had 'dissolved' the democratically elected committee of Waterloo Spiritualist Church who had served the members under Mr. West and replaced them with new people; many of them not connected with the church and none of whom are elected. And all of whom will be in place for the next 12 months [unless Mr. West wins in September].
"So who are these new people you've parachuted in?" asked the Judge with exasperation in his voice. He was not impressed by their actions. None of the "parachuted" officers were members or ever had been members of Waterloo Spiritualist Church with the possible exception of one.
Judge Marshall QC then dissolved the Interim Injunction he had initially granted against Mr. West at 2.40pm on 23rd April 2001. His judgement was in three parts.
1. "I am not satisfied on all probability that the Spiritualist National Union has sufficient right of occupation of the premises. In my provisional view this is a multi-track case with far reaching implications for Spiritualist Churches in England and Wales. The newly constituted committee may have right of occupation, but I won't say." The Union tried unsuccessfully to argue that it was a simple property issue and they had right of way.
2. "Charity proceedings relate to the administration and control of property held on trust. This claim falls within the definition of charity proceedings as prescribed in the Charities Act 1993. As a result, I may have no jurisdiction in this matter." (For an action to be brought, the claimant needs the permission of the Charity Commissioners for England and Wales. This the SNU failed to procure. The Charity Commissioners for England and Wales have their own Court or can authorise the present proceedings).
3. The Judge then asked of the Union, "Mr. West has handed over and therefore now has no keys to any other part of the premises other than his residential apartment?" This was agreed by the Union. Then the Judge asked, "Mr. Dempsey is in a position to take appropriate steps to access the rest of the building?" (This was agreed by the Union. Then the Judge got angry and asked). "So why on earth do you want to seek to continue this injunction?" (There was no answer from the Union. The Judge then asked,) "Shall I take that as an abstention, Mr. Grundy QC? As far as the interim Injunction is concerned, Mr. West accepts the presently constituted committee under Mr. Dempsey [at least at first sight] as the controlling body to determine membership and officers and to conduct services."
The SNU then sought to have the trial dragged out through a long process of litigation lasting over one year. However, Mr. West's QC won a 'speedy trial'. On the part of the Union, the idea that it be dragged out over such a long period was a negative tactic. After one year or so, Mr. West would then be on his own and the church would be established without him.
Interestingly, Mr. Dempsey's advice in the second hearing was seldom sought by the claimants (the SNU). Instead, the SNU General Secretary, Charles Coulston (B.O. Hons), was present to steer the proceedings. He was not happy with the outcome of this second hearing and its far reaching implications for his organisation nationally should Mr.West win in the High Court.
The case is committed to trial in the High Court Chancery Division on 4th and 5th September 2001. The venue is yet to be decided. It will either be Liverpool or Manchester.
*You are all cordially invited to attend what could be the most important trial in the history of Spiritualism since the Helen Duncan case.
Historical Perspective: Kevin West says;
"The SNU has set up no churches, associations or centres of its own. Historically it was formed by a network of Spiritualist Churches and groups up and down the UK who immediately recognised each other as all having the same objects and interests. These people are often referred to as 'the pioneers' "."The first Spiritualist Church was founded in Keighley, Yorkshire in 1853."
"The first conference which led to the formation of the British National Association of Spiritualists was first held here in Liverpool in 1873."
"Twenty-eight years later the Spiritualist National Union was founded."
"In other words, the SNU came onto the scene nearly 50-years after churches, associations, centres and groups were up and running. The SNU exists only by the grace of these churches and societies. In the first instance, the Union under its National Executive Committee and its General Secretary has completely forgotten why it was formed."
"The SNU is tail that wags the dog that bites its master...Beware!"
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