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Published online by Cambridge University Press: 28 April 2009
4 Earl of Kinnoull v Presbytery of Auchterarder (1838) 16 D 661.
5 General Assembly of the Free Church of Scotland v Lord Overtoun [1904] AC 515; 1904 7 F (HL) 1.
6 Percy (AP) v Board of National Mission of the Church of Scotland [2005] UKHL 73; 2006 SC (HL) 1; [2006] 2 AC 28.
7 See New Testament Church of God v Stewart [2007] EWCA Civ 1004 – though the Court of Appeal was very careful not to pronounce this as a general rule and stressed that every case would have to be considered on its facts.