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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 and All Angels Byker [2023] ECC New 5

The petition proposed extensive reordering works, both inside and outside the church, in order to adapt the church for use as a multi-purpose building with a dedicated worship space, an outdoor activity and play area and a Youth Hub extension. The Victorian Society, whilst not wishing to be a party to the proceedings, objected to the length of the proposed extension and its wood cladding. The Chancellor granted a faculty, being satisfied that the missional advantages of the proposed works outweighed the harm alleged.

Re St. Michael and All Angels Figheldean [2021] ECC Sal 1

In October 2020, it was noticed that a grave containing the remains of a local couple had been disturbed, suggesting an additional interment without lawful authority, namely, the interment of the ashes of the couple's son, who had taken his own life two years earlier following the breakdown of his marriage. The incumbent applied for exhumation of the cremated remains, as they had been unlawfully interred, and the deceased’s four siblings applied for custody of the remains, so that they could be interred in land where the deceased had wished his remains to be interred. The deceased’s widow denied that her husband's ashes had been interred in the grave, and refused to attend the hearing. On the basis of the evidence at the hearing, the Chancellor was satisfied, on a balance of probabilities, that the ashes interred were those of the deceased sibling and she granted a faculty for exhumation and for custody of the ashes to pass to the surviving siblings for reinterment.

Re St. Michael and All Angels Highworth [2016] ECC Bri 8

The petition proposed an extensive re-ordering of the church, including an extension to the north side of the church, to house WCs and a room for boilers; glazed doors for the porch; a new floor with underfloor heating; replacement of pews with chairs; re-siting of the rood screen and font; replacing the organ; new lighting; and creating a new kitchen with meeting room over it. The acting Deputy Chancellor approved the proposals, except for outer glazed doors to the porch (whilst allowing inner glazed doors), the creation of a meeting room above the new kitchen, and the introduction of steel framed chairs with wooden seats and backs, but indicating that he would approve all-wood stacking chairs.

Re St. Michael and All Angels Pelsall [2022] ECC Lic 6

The petitioner wished to install a memorial on her mother's grave. The memorial did not conform to the churchyards regulations, being in the shape of a large heart with two smaller hearts as flower containers. Also, the petitioner wished to have her mother's maiden name on the memorial, rather than her married name. Given the number of heart-shaped memorials close to the grave, the Deputy Chancellor decided to permit the large heart-shaped stone, and also the small heart-shaped flower holders, provided that they were fixed to the plinth. As to the inscription, although the deceased had not consistently used her maiden name after being divorced, she had expressed a wish for her maiden name to appear on her memorial. The Deputy Chancellor considered that there was no objection to the deceased's maiden name being used, as it was the name known by those whom the deceased knew well, but he recommended that, to avoid confusion, both the married name and maiden name should be entered in the Burial Register and on the churchyard plan.

Re St. Michael and All Angels Whitwell [2013] Ruth Arlow Ch. (Norwich)

Petition for installation of secondary glazing in a Grade II church building no longer used as a church, but as a community hall. Re St. Alkmund Duffield considered. Faculty granted.

Re St. Michael and St. Lawrence Fewston [2016] ECC Lee 7

In 2008, a faculty had been granted for the demolition of a building in the churchyard and the construction of an extension to the church, which had necessitated the exhumation of 154 sets of skeletal remains (the ‘Fewston Assemblage’) which were removed from the graveyard during excavations for the erection of the Washburn Heritage Centre. A new petition was presented in 2016, seeking authority to reinter the skeletal remains in the churchyard and the erection of three memorials to record the reinterments. Whilst noting that the petitioners in 2008 should have applied for a Ministry of Justice licence, as the remains had not immediately been reinterred in consecrated ground, the Chancellor granted a faculty for the reinterment of the Fewston Assemblage and the erection of the three proposed memorials.

Re St. Michael Breaston [2018] ECC Der 4

The petition contained substantial reordering proposals for the Grade I listed church, including new heating; an audio-visual system; electrical works; replacement of pews with chairs; disposal of the pulpit; relocation of the choir stalls and organ; and works to the floor. The Chancellor granted a faculty.

Re St. Michael Cambridge [2017] ECC Ely 1

Since 2000, the church of St. Michael (now annexed to St. Mary the Great) has undergone major reordering to create a cafe and meeting rooms in the nave, with the chancel left as a worship area separated from the nave by a glass screen. The church now sought a faculty to remove the remaining pews from the chancel, raise the floor level and replace the pews with Howe 40/4 seats, to enable the building to be used more effectively for the community which the church serves. The Victorian Society objected to the removal of Victorian fittings. The Chancellor determined that there was a strong justification for carrying out the proposals and granted a faculty.

Re St. Michael Chiswick [2024] ECC Lon 1

In November 2023, the Chancellor had granted a faculty to allow the replacement of 209 late 19th century ladderback chairs with 120 new Abbey chairs from Trinity Church Furniture. The grant of the faculty was subject to there being no objections in response to public notices. In the event notices of objection were received from eight people, who did not wish to become parties opponent. The Chancellor now decided that the petitioners had demonstrated a need for new chairs and he was satisfied with the design of chair chosen. 

Re St. Michael Cornhill [2010] Nigel Seed Ch. (London)

Faculty granted to authorise new bell frame and twelve bells, re-use of three old bells as chiming bells, and disposal of remaining nine old bells. Numerous objectors.