When a unilateral cancellation amounts to discrimination: Billy Graham Evangelistic Association

Background

In Billy Graham Evangelistic Association Against Scottish Event Campus Ltd [2022] SC GLW 33, the pursuer (BGEA) is a charity registered with the Charity Commission for England and Wales and a limited company: its objects within the UK include supporting and extending the worldwide evangelistic mission of the Billy Graham Evangelistic Association based in the US and now headed by Franklin Graham, Dr Graham’s son. The defender (SEC Ltd) is a private limited company incorporated in Scotland: it operates the Hydro and is 90 per cent owned by Glasgow City Council [11].

In July 2019, BGEA and SEC Ltd contracted for BGEA to hire the SSE Hydro Arena and Box Office in May 2020 for what was to be known as the “Franklin Graham Event” – the beginning of Graham’s UK tour. Although the agreement described the event as “private”, it was known to and agreed by SEC Ltd that it would be non-ticketed with free entry to the public. Continue reading