O'Callaghan v O'Sullivan
| Jurisdiction | UK Non-devolved |
| Judgment Date | 01 January 1926 |
| Date | 01 January 1926 |
| Docket Number | [Privy Council.] |
| Court | Privy Council |
Parish Priest removed by Bishop-Contractual relationship -Parties bound by Canon Law of Roman Catholic Church - Evidence - Proof of Canon Law -Foreign Law - Absence of notice - Whether proceedings contrary to natural justice.
Appellant, a Parish Priest, was removed from his parish by a Decree of Removal issued by the respondent, the Bishop of the diocese in which the parish was situated. It was admitted that the legal relationship of the parties was contractual and governed by the "Laws, Ordinances, and Canon Laws" of the Roman Catholic Church. Appellant denied the charges, mentioned in the Decree of Removal, and claimed a declaration that the Decree was illegal and void on the grounds - (1) that there was no power under the Canon Law to issue such a Decree unless a "Citation"had been first served on him, and he had an opportunity to meet the charges made against him; (2) alternatively, if the Canon Law did not require the service of a "Citation" or the granting of a personal hearing, yet the making of the Decree without notice to him was contrary to natural justice. It was contended for the appellant that the Canon Law of the Roman Catholic Church was not foreign law requiring proof by experts; that the volume of the "Codex Juris Canonici"contained the contract between the parties, constituting a written contract in a foreign language to be construed by the Court accordingly. At the trial a Classical Scholar of Dublin University gave evidence for the appellant as to the translation of portions of the Codex made by him, but he had no special knowledge of Canon Law; and for the respondent two Doctors of Canon Law who were Professors of that subject proved that, according to Canon Law, there was no necessity for the service on the appellant of a "Citation"or process of a similar nature, or for any personal hearing before the making of the Decree of Removal:—Held, that the Canon Law of the Roman Catholic Church is foreign law, which must be proved as a fact and by the testimony of expert witnesses according to the well-settled rules as to proof of foreign law. The rule is that the foreign law applicable to a case must be taken from the statement of the expert witness as to what the law is, and not from text-books or codes referred to by him. Sussex Peerage Case, 11...
To continue reading
Request your trial