Ecclesiastical Law Association

Ecclesiastical Law Association

Re St. Andrew Hexham [2014] Euan Duff Ch. (Newcastle)

The petitioners (the Rector and Churchwardens) sought to dispose by sale of the painting "The Descent of Christ from the Cross", said to be from the workshop of Pieter Coecke Van Aelst, a sixteenth century Flemish artist. The painting is part of a triptych, the wings of which are in the Californian Palace of the Legion of Honor in San Francisco. The Church Buildings Council objected to the proposal. In Re St Lawrence Oakley with Wootton St. Lawrence [2014], Court of Arches, considered by the Chancellor: 'When I ... pose to myself the question:"Have the petitioners demonstrated factors of such qualitative weight as to outweigh the strong presumption against sale?" I find that I am driven to the conclusion that the only proper answer to that question is "No"'. Faculty refused.

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