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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. Sebastian Wokingham [2021] ECC Oxf 1

The Huddersfield & District Army Veterans Association applied for permission to remove of the memorial cross of the Association’s founder, who died in 1907, from the churchyard  to the Association’s military plot at Edgerton Cemetery, Huddersfield. At some time in the past, the memorial had been moved from the founder's grave to the churchyard wall, to facilitate the laying of a path over the grave. The Deputy Chancellor refused to grant a faculty: 'I am not convinced either that the removal of the Monument is necessary to celebrate the memory of Major Welsh at the Huddersfield plot, or that the benefits in doing so would outweigh the harm in removing it from St Sebastian’s churchyard.'

Re St. Simon Zelotes Upper Chelsea [2018] ECC Lon 1

The vicar and churchwardens sought a faculty to reorder the west end of the church by extending the west gallery to the north and west aisles, to introduce an accessible WC below the north-west corner of the extended gallery and enhance the existing catering facilities and musicians’ area. They also proposed introducing speakers into the chancel and the making good of tiles in the floor at the front of the church. The Victorian Society was a party opponent. The Chancellor was satisfied that "any prejudice to the architectural integrity is outweighed by the pastoral and liturgical benefits and applying the balance of probabilities the Petitioners have made out their case." He accordingly granted a faculty.

Re St. St. Mary Beenham Valence [2021] ECC Oxf 4

The Chancellor granted a faculty to permit the exhumation of the petitioner's mother's cremated remains, in order to facilitate the interment of the Petitioner's father's remains in the grave, with her mother's ashes placed in her father's coffin.

Re St. Stephen Acomb [2018] ECC Yor 3

The petition contained a number of items including proposals for lighting inside and outside the church. A parishioner objected to the proposed lighting of the spire on the ground that it would cause a lot of light pollution. The petitioners responded that they had taken their architect's advice and also that of a specialist lighting consultant and as a result they are looking to use modern LED type lights which minimise light pollution by focusing the light to specific areas and thereby minimising spill and light pollution. The Chancellor was also aware of a recent visit by an officer of the planning department, who had recommended the fixing of the external light sources on the stonework, rather than on poles, and had not raised any concerns about light pollution. The Chancellor was satisfied that the petitioners had made their case and granted a faculty.

Re St. Stephen Burnley [2017] ECC Bla 7

In 2005 pews had been removed from the side aisles of the church and had been replaced with chairs upholstered with a blue fabric. Also, carpet tiles in two contrasting blue colours had been laid in a chequer-board pattern in the aisles. The petitioners now wished to lay similar carpet tiles and introduce more upholstered chairs into the nave, to create 'a more flexibe space'. (There was also a proposal to update the heating.) The Victorian Society objected to the removal of the pews and further carpet tiles, but was not a party opponent. In spite of slight reservations about the blue colour of the carpet tiles, the Chancellor concluded that the scheme would "give a more unified appearance and will serve the aims that the petitioners seek to achieve." He accordingly granted a faculty.

Re St. Stephen Selly Park (1) [2013] Mark Powell Ch. (Birmingham

An interim hearing at which the Chancellor approved part of the proposals contained in the Petition, namely, the demolition of the parish room extension on the north side of the church and its replacement with a new parish centre extension, leaving outstanding proposals for a new glass foyer to link the new parish centre with the west end of the church.

Re St. Stephen Selly Park (2) [2013] Mark Powell Ch. (Birmingham)

Faculty granted for foyer to link extension on the north side of the church to the west end; new west door; moving of the font; and external block paving.

Re St. Stephen Walbrook (2) [2013] Nigel Seed Ch. (London)

The Chancellor refused to grant leave to appeal against his decision to grant a faculty to authorise the sale of a painting entitled 'Devout Men taking the body of St. Stephen".

Re St. Stephen Walbrook [2013] Nigel Seed Ch. (London)

The Chancellor granted a faculty to authorise the sale of a painting entitled 'Devout Men taking the body of St. Stephen", being satisfied that there was a financial need for the sale.

Re St. Swithun Cheswardine [2015] Stephen Eyre Ch. (Lichfield)

The Chancellor refused to grant a faculty to allow the petitioner's father's cremated remains to be exhumed and scattered with the petitioner's mother's cremated remains at Skerray in northern Scotland. The petitioner's mother had said before she died that she felt she had made a mistake in having her husband's remains interred at the church and felt it more appropriate for the ashes of both of them to be scattered at Skerray, a place which had meant much to them during their lives. Following the guidelines laid down in the Court of Arches decision in Re Blagdon Cemetery [2002] Fam 299, the Chancellor stated that a change of mind as to a place of interment was not an exceptional circumstance which might justify exhumation. Also, the scattering of ashes would be contrary to the church's duty to protect interred remains, so that, once exhumed, they should be reinterred intact.