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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. Paul Stockingford [2008] William Gage Ch. (Coventry)

The proposals were for a major reordering. The controversial items were: replacement of the pews and pew platforms with chairs; creation of a flexible space within the nave to allow the building to be used as a
place of worship and church hall; and replacement of the existing organ with an electronic organ. The main intention of the proposals was to allow more flexible use of the church for community use. The Chancellor concluded that the petitioners had proved a necessity for the re-ordering, and he therefore granted a faculty.

Re St. Paul the Apostle Choppington [2017] ECC New 1

The Vicar and a churchwarden applied for a faculty to authorise retrospectively the laying flat in the churchyard of 51 memorials which had been found to be unstable in 2015 and also to authorise the laying flat of memorial stones deemed to be unstable by a future inspection. There had been much disquiet locally about the laying flat of so many memorials in 2015, and the Chancellor was concerned that there had not been adequate notification to families who might have been contacted prior to the laying down of the memorials. However, he granted a faculty, subject to a condition that in future no memorial should be laid flat without the express approval of the Archdeacon.

Re St. Paul Wandsworth [2022] ECC Swk 5

The Deputy Chancellor granted a faculty for restoration work to the rood screen and reredos.

Re St. Paul Woodhouse Eaves [2016] ECC Lei 1

The Chancellor had to consider the question as to whether, in the absence of a bishop during a vacancy in see, he could authorise the installation of an aumbry in the church. After considering the law and current practice, he determined that he could. Accordingly, a faculty was granted.

Re St. Peter & St. Paul Aston Rowant [2019] ECC Oxf 3

As part of a scheme of reordering in 2011-2012, 30 red-upholstered chairs with black metal frames were introduced into the Lady Chapel of the Grade II* church without faculty consent. These chairs were quite different from the chairs specified by the architect, on the basis of which the Diocesan Advisory Committee issued a certificate that it did not object to the works in the Lady Chapel. The churchwardens subsequently applied for a retrospective faculty to authorise the 30 chairs. The amenity societies consulted were strongly opposed to the chairs. The Chancellor was of the opinion that the chairs were "incongruous and aesthetically inappropriate in and to the setting of this medieval Grade II* listed building". However, he granted a faculty for the chairs, but subject to a condition that within 5 years the petitioners should apply for a further faculty for "suitable and appropriate replacement chairs which respect the interior and significance of this Grade II* listed church".

Re St. Peter & St. Paul Barnby Dun [2021] ECC She 2

The petitioner wished to have the cremated remains of his late wife, who died in 2013, exhumed from the churchyard at Barnby Dun, in South Yorkshire, and re-interred in Littlehampton Cemetery, in West Sussex. The petitioner and his two sons lived in West Sussex, and considered it to have been a mistake for the deceased's remains to have been buried in Barnby Dun, close to the remains of her parents. Also, one of the petitioner's sons, who was very close to his mother, suffered from severe physical disabilities, and was unable to visit his mother's grave 250 miles away without support. Following the test for exceptionality suggested by the Chancery Court of York in Re Christ Church Alsager [1998] 3 WLR 1394 -  "Is there a good and proper reason for exhumation, that reason being likely to be regarded as acceptable by right thinking members of the Church at large?" - the Chancellor decided that this  was an exceptional case which justified the grant of a faculty for exhumation.

Re St. Peter & St. Paul Bassingbourn [2015] David Etherington D.Ch. (Ely)

The proposals were to install a drop-down screen behind the chancel arch, and also install a digital projector in a Grade I listed church. There were four objectors, but none wished to be a party to the proceedings. Re St. Alkmund Duffield considered. Faculty granted.

Re St. Peter & St. Paul Bassingbourn [2018] ECC Ely 1

The petition contained proposals for extensive reordering of the 13th century Grade I listed church. The Parochial Church Council wished to expand the use of the church by providing, inter alia, kitchen and toilet facilities, meeting rooms, a gallery, new seating (for more flexible worship and meetings) and new heating, thus providing a more useful community resource. There were ten parties opponent, as well as opposition from the amenity societies. The Chancellor granted a faculty for the majority of the proposed works.

Re St. Peter & St. Paul Bromley [2017] ECC Roc 6

The incumbent, the associate vicar and the churchwarden applied for a faculty for the introduction of an audio-visual system into the Grade II* church. There was one letter of objection, from the assistant organist, who did not wish to be a party opponent. His concern was that the evangelical style of worship of the present vicar and associate priest would result in excessive use of the audio-visual equipment, which "does not fit with the very middle of the road Anglican choral tradition that we have here." The Chancellor found no merit in the assistant organist's arguments, and did not feel that they were representative of the views of the members of the church as a whole, and he accordingly granted a faculty.

Re St. Peter & St. Paul Buckingham [2020] ECC Oxf 7

The rector and churchwardens applied for a faculty to authorise improvements to the Lady Chapel, in order to create more space and light. This involved removing the large altar, riddle posts and canopy, which took up a quarter of the floor space, and replacing them with a smaller altar; reducing the panelling which was blocking light from the windows; and reinstating the original stained glass window. The Chancellor was satisfied that the works would improve the appearance of the Chapel, and make it lighter and more welcoming, and he accordingly granted a faculty.