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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. Peter Dorchester [2022] ECC Sal 4

The Vicar and Churchwardens wished to move a memorial from inside the church to the County Museum next door to the church and erect a replacement memorial in the church. The reasons for the proposal were, firstly, concern that, in the current social climate,  the wording of the original memorial might offend some visitors to the church, as it referred to the person commemorated - John Gordon, a plantation overseer (and later owner) in Jamaica - who repulsed a rebellion of 'a large body of negroes' in Jamaica in 1760; secondly, that the continued presence of the memorial in the church would be harmful to the mission and message of today’s church. Some consultees favoured removal of the memorial, some favoured retention with interpretative material. The Chancellor determined that in this case the public benefit to be derived from the removal of the memorial, subject to its replacement with a memorial omitting details which might cause offence, would outweigh the harm caused.

Re St. Peter Dunchurch [2013] Stephen Eyre Ch. (Coventry)

A widow had reserved by Faculty a grave next to the grave of her late husband. By mistake someone else was buried in the grave reserved by the widow. Faculty granted to the widow for exhumation of the remains of her husband, and reinterment in another part of the churchyard and reservation for her of a grave next to her late husband's new grave.

Re St. Peter East Bridgford [2016] ECC S&N 4

The petitioners sought a faculty to authorise the movement of the altar westwards by 60cm to increase the amount of space behind the altar for celebrating the Eucharist. Applying the tests laid down in Re St Alkmund’s Duffield [2013], the Deputy Chancellor took the view that the proposals would not cause any harm to the church as a building of special architectural and historic significance, and accordingly granted a faculty.

Re St. Peter Edgmond [2017] ECC Lic 4

The petitioner's mother died in 1993, having expressed a wish to be cremated, and her remains were interred in the area set aside for cremated remains in Edgmond churchyard. The Petitioner's father died in 2016, having expressed a wish to be buried near to the remains of his wife, and his body was interred in another part of the same churchyard. The petitioner and his sisters wished to have the cremated remains of their mother exhumed and reinterred in their father's grave, so that both parents' remains would be together in a family grave. The Chancellor considered this an appropriate case in which to grant a faculty, as it was a case where "there is a proper and understandable proposal to reunite the remains of husband and wife in one plot in the same churchyard as currently contains those remains in separate plots".

Re St. Peter Forncett [2013] Ruth Arlow Ch. (Norwich)

Faculty sought for exhumation of husband's remains from grave in Norfolk and reinterment in a grave in Co. Atrim, the widow petitioner and her daughter having had to move, "for financial reasons" to live near their family in Co. Antrim. Faculty refused, the Chancellor being unable to find sufficient justification to grant a Faculty within the guidelines set out in the Court of Arches decision in Re Blagdon.

Re St. Peter Foston [2013] Mark Bishop Ch. (Lincoln)

The Chancellor refused to grant a faculty for the exhumation of cremated remains from one family grave and re-interment in another family grave, the remains having been interred 28 years previously.

Re St. Peter Frimley [2022] ECC Gui 2

In 2010, there had been a major reordering approved by faculty. This involved replacing the dark wood podium, altar, credence table, lectern and choir chairs in the chancel with new furniture in a light oak. The Parochial Church Council now wished to replace the dark pine nave pews with upholstered light oak chairs, partly because of the poor condition of many of the pews and partly to permit more flexible use of the church. The Victorian Society objected to the removal of the pews, and they also objected to the idea of upholstered chairs, as did the Ancient Monuments Society and the Church Buildings Council. The Chancellor was satisfied that the removal of the pews would not materially harm the interior of the church and would blend in better with the light oak furniture in the chancel. He was also persuaded that the proposed chairs were suitable for flexible use of the church, and the proposed colour would fit well with other colours in the church. He therefore granted a faculty

Re St. Peter Gaulby [2021] ECC Lei 2

The petitioners wished  to remove fifteen of the nineteen pews in the nave, retaining two pews in the nave and two in the chancel, and introduce fifty lightweight stackable wooden chairs, some with arms and some with vinyl padded seats. The pews were acquired from a boarding school chapel in the 1990s. The Chancellor determined that the pews were 'lacking in connection to the church and not lending any particular style to it', so that in removing the pews there would be no harm to the significance of the church as a building of special architectural or historic interest. Notwithstanding the amenity societies not being in favour of some of the seats being padded, the Chancellor decided that the effect of beige padding on light teak wooden frames would be minimal, and she therefore granted a faculty.

Re St. Peter Gunton [2013] Ruth Arlow Ch. (Norwich)

Two Faculty Petitions, each seeking exhumation of cremated remains from an area where access was difficult for an elderly relative, and reinterment in a more accessible location about six feet away. Faculty refused in each case, the Chancellor being unable to find sufficient justification to grant a Faculty within the guidelines set out in the Court of Arches decision in Re Blagdon, but suggesting that the memorials might be moved to the alternative locations, so as to provide easier access and so that the elderly relatives could choose for their own cremated remains to be interred in due course either in the graves of their loved ones or beneath the newly moved memorials.

Re St. Peter Gunton [2015] Ruth Arlow Ch. (Norwich)

The petitioner, who was aged 81 and used a wheelchair, found access to her mother’s grave in Gunton churchyard very difficult, as the grave was a good way back from the churchyard path. She therefore applied for a faculty to authorise the exhumation of her mother’s remains and re-interment in a nearby cemetery. The Chancellor, after considering the principles laid down in Re Blagdon Cemetery [2002] Fam 299, determined that no special reasons existed which would justify an exception to the norm of permanence of Christian burial.