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Alphabetical Index of all judgments on this web site as at 10 September 2024

Judgments indexed by Diocese:
2023 Judgments
2022 Judgments
2021 Judgments

Re St. Oswald Crowle [2024] ECC Lin 6

The petitioner wished to exhume from the churchyard the ashes of her father, who had died in 1991, and to reinter the ashes in Crowle Cemetery, where the ashes of the petitioner’s recently departed mother were to be interred. In 1991, Crowle Cemetery did not have an area set aside for cremated remains, but now there was such an area, and the family wished to ensure that the petitioner’s parents were buried together. The Chancellor was satisfied that exceptional reasons existed in this case for an exhumation to be permitted.

Re St. Oswald Dean [2016] ECC Car 5

The Chancellor refused to allow a design of the Masonic square and compasses to be added to a memorial to the Petitioner's late husband, who had been a Freemason for forty years, latterly holding high office in Freemasonry.

Re St. Oswald Filey [2019] ECC Yor 8

During the parish priest's absence, whilst attending a course, a burial took place in the closed churchyard. Prior to his absence, the priest had told the funeral director and the family that a burial could not take place, unless in accordance with one of the exceptions in the Order in Council closing the churchyard for burials, namely: (1) where a grave had been reserved by faculty; (2) where a person could be buried in the same grave as a relative. (Also, cremated remains can be buried in a closed churchyard.) The funeral director arranged for the deceased to be buried next to the deceased's brother in a tight space between two graves. The Chancellor determined that the interment was unlawful, and could not be made lawful retrospectively by the Ministry of Justice or the court, but he decided that no action should be taken to disturb the burial or to refer the matter for police investigation.

Re St. Oswald Methley [2016] ECC Lee 2

The Chancellor refused to grant a faculty for the reservation of a double grave, as there were very few empty grave spaces left in the churchyard.

Re St. Pancras Chichester [2024] ECC Chi 2

The petitioners wished to replace the existing 1980s upholstered chairs in the Grade II listed church with 150 new upholstered chairs, which were lighter in weight and would stack more easily. The Victorian Society objected to the proposal, citing the Church of England guidance that un-upholstered wooden chairs were more appropriate for historic church interiors. The Deputy Chancellor granted a faculty: the current chairs were difficult to move and were untidy, and the new chairs would not harm the significance of the church as a building of special architectural or historic interest. 

Re St. Partick Earlswood (Re Ashley Thomas Cook decd) [2006] Martin Cardinal Ch. (Birmingham)

A mother wished to have her son's body exhumed from the churchyard of St. Patrick Earlswood and reinterred in a churchyard in Ireland, where she now lived. Here reason for the request was that if her son;s body remained in England, she would have difficulty in visiting and tending the grave regularly. The Chancellor refused to grant a faculty. The petitioner had not shown any exceptional circumstances to justify the grant of a faculty.

Re St. Paul Addlestone [2020] ECC Gui 1

The Parochial Church Council wished to install solar panels on the roof of the unlisted Victorian church in order to reduce its energy bills. The Deputy Chancellor was satisfied that "the visual impact of the solar panels will be relatively modest and can be accommodated without serious impact on the heritage value of the building", and he granted a faculty.

Re St. Paul Bedford [2022] ECC StA 3

The petitioners wished to redesign the north porch as the main entrance of the church and include the re-siting there of medieval statues of St. Peter and St. Paul, which had at various times been fixed at different positions both outside and inside the church. In 2015 the statues had been moved to a stonemason’s workshop as a place of safety, and we’re currently at a conservationist’s workshop. The Society for the Protection of Ancient Buildings objected to the placing of the statues inside the north porch: they should be placed in the external niches above the (now redundant) south porch door, where they had once been fixed. The Chancellor determined that, for reasons of (inter alia) security, visibility and protection from weathering, the statues would be better placed in the refurbished south porch. The Chancellor granted a faculty for these and all the other proposed works.

Re St. Paul Brighton (1) [2012] Mark Hill Ch. (Chichester)

The Chancellor granted an interim faculty for the removal of furnishings for cleaning following damage to the church by fire. He also authorised the removal of the pews into storage, the removal of a dais, and cleaning and redecoration.

Re St. Paul Brighton (2) [2012] Mark Hill Ch. (Chichester)

The vicar and churchwardens wished to replace the church pews with chairs. The Chancellor was satisfied that the replacement of the pews with chairs was appropriate in the church and granted a faculty.