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Alphabetical Index of all judgments on this web site as at 1 October 2022

Index by Dioceses of 2022 judgments on this web site as at 1 October 2022

Re St. Michael & All Angels Bampton [2023] ECC Exe 1

The petitioners applied for a Faculty to permit the early nineteenth century reredos, which had been temporarily removed, to be permanently removed from its original position in front of the East window and relocated to hang above the doorway in the centre of the West wall. In addition permission was sought to replaster the East wall of the Chancel in such a way as to preserve the medieval wall painting that has been uncovered by the removal of the reredos. The Diocesan Advisory Committee and heritage bodies did not support the proposals. The parishioners did not wish the reredos to be returned to the east end of the chancel, as its removal had resulted in considerably more light in the chancel. A report by historic building consultants supported the proposal. The Chancellor determined in principle that the reredos should not be returned to the chancel, subject to a feasible proposal being put forward and approved for its mounting on the west wall.

Re St. Michael & All Angels Berwick [2019] ECC Chi 3

There were extensive proposals for restoration of and improvements to the Grade I listed church. There were five objectors, but none were parties opponent. The church contains a scheme of paintings on plaster panels, lining the nave and chancel walls, executed in 1941-42 by Duncan Grant and Quentin and Vanessa Bell. One of the concerns was as to the conservation of the paintings. The Deputy Chancellor was satisfied however that adequate expert advice was being sought about the conservation work. Another item of contention was the retention of the front pipework of the old organ, which was being replaced by a digital organ. The petitioners argued that this would provide a sense of continuity with the previous organ arrangements. The Deputy Chancellor was satisfied with all the proposals and granted a faculty.

Re St. Michael & All Angels Berwick [2021] ECC Chi 9

The Chancellor had issued a stay of proceedings, pending the outcome of a determination by the Dean of Arches of an appeal against a decision of the Deputy Chancellor. An application was made for the stay to be lifted in respect of one item in the current petition, namely additional lavatory facilities. This item was not contentious, there was potential difficulty in rescheduling the builders, and there was a risk of losing Lottery funding. The Chancellor decided that the stay should be lifted and the matter determined via the Online Faculty System.

Re St. Michael & All Angels Berwick [2022] EACC 1

This judgment  relates to an appeal to the Court of Arches against the decision of the Deputy Chancellor of Chichester Diocese in Re St. Michael & All Angels Berwick [2021] ECC Chi 7. The seating in the church comprised pews and rush-seated chairs. The Deputy Chancellor had refused to grant a faculty for the removal of the pews and their replacement with stackable chairs made by Treske. The Court allowed the appeal on the basis that the conduct of the proceedings in the Consistory Court had been flawed, in that the Deputy Chancellor had erroneously assumed that the proposal was to remove all the seating in the church, including the rush-seated chairs, which was not the case.

Re St. Michael & All Angels Berwick [2022] ECC Chi 3

This judgment relates to the reordering proposals considered in Re St. Michael & All Angels Berwick [2021] ECC Chi 7, when the Deputy Chancellor refused a faculty for the removal of the pews. The petitioners appealed to the Court of Arches on the grounds that the Deputy Chancellor based his decision on the erroneous assumption that the proposal was to remove all the seating in the church, including the rush-seated chairs, which was not the case. The Court of Arches granted the appeal (Re St. Michael & All Angels Berwick [2022] EACC 1) and directed that the case be remitted to the Consistory Court of Chichester to re-determine the petition. This judgement deals with matters preliminary to a re-hearing, including a challenge to the Consistory Court's power to direct a further oral hearing, questions as to costs, and directions for a new hearing.

Re St. Michael & All Angels Blackheath Park [2016] ECC Swk 17

The proposals were for a major re-ordering. The local authority objected to one aspect of the scheme, namely the removal and burial of the existing font. Historic England expressed a reservation about the proposals for the new font. Neither objector wished to be a party opponent. The Chancellor came to the conclusion that the better course in this particular case would be to place the old font into storage, and a faculty for the re-ordering scheme was granted on this basis. The judgment contains a review of recent decisions relating to the disposal of fonts.

Re St. Michael & All Angels Blackheath Park [2020] ECC Swk 1

The Chancellor granted a faculty to permit the installation of external floodlighting. The judgment contains a discussion of the effect of floodlighting on the carbon footprint of the church.

Re St. Michael & All Angels Blaisdon [2020] ECC Glo 3

The petitioner, a parishioner, whose parents and grandparents were buried in the churchyard, wished to reserve a grave space for herself and her partner. The Parochial Church Council, a few days before the date of the petition, had, without giving notice to parishioners, decided to adopt a policy of no grave reservations, even though there was said to be enough room in the churchyard for burials for the next 50 years. The Chancellor was satisfied that the petitioner had made a good case for the reservation of a grave and granted a faculty.

Re St. Michael & All Angels Brownsover [2017] ECC Cov 4

The Petitioner wished to have the cremated remains of her parents-in-law exhumed from the churchyard of the now redundant church at Brownsover and reinterred in the churchyard where her late husband's remains were interred. The Chancellor refused to grant a faculty, as he could find no exceptional reason to justify him in doing so. In particular, he said that the fact that the churchyard at Brownsover was currently largely overgrown, was not a sufficient reason to justify the grant of a faculty.

Re St. Michael & All Angels Bugbrooke [2021] ECC Pet 1

The husband and wife petitioners sought permission to include on a memorial to the wife's father the words 'Dad' and 'Pap' . The Chancellor issued a judgment in which he refused permission, as he considered that informal terms of address were not generally suitable for use as a public record on a memorial. And whilst there were a few examples of similar words being used in other parts of the churchyard (none near the grave in question), the Chancellor took the view that so few breaches of the churchyards regulations did not justify allowing further breaches. However, following further representations from the petitioners, that there were already 34 examples in the churchyard of the use of informal descriptions, the Chancellor issued a revised judgment in which he gave permission for the use of the informal descriptions in this case.