The term “quare impedit” in Latin means “why he hinders.” It is a legal action that allows a patron to propose a suitable candidate for a vacant benefice. This action is used to enforce the patron’s right to select a person for a church that falls under their patronage. The writ of quare impedit instructs the bishop, the pseudo-patron, and their clerk to allow the plaintiff to present a qualified individual for the vacant church that is under the patron’s authority. If they fail to comply, they must appear in court to provide an explanation for their obstruction of the plaintiff.
Quare impedit is a legal term that pertains to a writ or action employed to uphold a patron’s entitlement to nominate an individual for a vacant benefice. It originates from the Latin phrase “why he hinders.” For instance, suppose a church has an open position, and the patron wishes to appoint a specific individual for the role. However, the bishop or another party obstructs the patron from doing so. In such a scenario, the patron can utilise a writ of quare impedit to assert their right to present their chosen candidate. This legal measure is utilised in ecclesiastical law, which deals with matters concerning the church. It serves as a means for patrons to safeguard their rights and ensure that the person they select is duly appointed to the entitled position.
Quare Impedit is a legal action in English law that deals with disputes over the right to present a candidate for a vacant ecclesiastical benefice, such as a church living or a canonry.
Typically, only a patron or a person with the right to present a candidate can bring a Quare Impedit claim. This is usually the person or institution responsible for appointing a clergyman to a benefice.
The purpose of a Quare Impedit claim is to assert and protect the right of a patron to present a candidate for a vacant benefice. It ensures that the patron’s right is not unlawfully interfered with or denied.
A Quare Impedit claim can be brought on various grounds, such as a dispute over the validity of the patron’s right, interference by a third party, or the refusal of the relevant ecclesiastical authority to accept the patron’s candidate.
To initiate a Quare Impedit claim, the claimant must file a claim form in the appropriate court, usually the Chancery Division of the High Court. The claim form should outline the details of the claim, including the grounds for the claim and the relief sought.
If successful, the court may grant various remedies, including a declaration of the claimant’s right to present a candidate, an injunction to prevent interference, or damages for any losses suffered as a result of the interference.
Yes, a Quare Impedit claim can be settled out of court through negotiation or alternative dispute resolution methods, such as mediation or arbitration. However, if a settlement cannot be reached, the claim may proceed to trial.
The time limit for bringing a Quare Impedit claim is usually within 12 years from the date of the alleged interference or denial of the patron’s right. However, it is advisable to seek legal advice as there may be exceptions or specific circumstances that could affect the time limit.
Yes, a defendant in a Quare Impedit claim can raise various defences, such as challenging the validity of the claimant’s right, disputing the interference or denial of the right, or asserting that the claim is barred by limitation or other legal principles.
In general, the successful party in a Quare Impedit claim may be entitled to recover their reasonable legal costs from the losing party. However, the court has discretion in awarding costs, and the specific circumstances of the case will be taken into account.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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