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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. 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 Egmond [2024] ECC Lic 2

In 2021 one of the tower pinnacles had fallen in a storm, and in 2022 the remaining three pinnacles had been found to be unsafe and had been removed under an interim faculty. A confirmatory faculty was grated in 2023, with a condition that the pinnacles be restored within 3 years, though that condition had been omitted from the faculty. The Parochial Church Council objected to the condition. The Court decided to stay the condition, pending further discussion with the interested parties. Historic England, the Church Buildings Council and the Telford and Wrekin Council all objected to the permanent removal of the pinnacles from the Grade I listed building. The Chancellor decided to reinstate the condition that the pinnacles should be restored within a given period, but changed the period to 5 years. Whilst raising the necessary funds might be difficult, “Listing does not relate to practicality or utility, but to matters like historical and aesthetic value.  Listed buildings are typically expensive to maintain by reason of their antiquity and merit”.

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.

Re St. Peter Gunton [2016] ECC Nor 5

The Chancellor, taking into account the guidance in Re Blagdon Cemetery [2002], determined that there were special reasons for permitting exhumation and reinterment. The cremated remains of the father of the three petitioning children had been buried in a parish churchyard. At the time it was intended that his wife's cremated remains should be placed with his. When his wife died, the children found that her will said that she wished to be buried in a family grave in a cemetery. They mistakenly felt obliged to comply with the terms of the will, but this defeated the original intention of the mother and the father to be buried together. After the second burial the children regretted not having buried their parents together and made a fairly prompt application to rectify the situation. Accordingly, the Chancellor allowed the cremated remains of the father to be exhumed and reinterred in the family grave in the cemetery.

Re St. Peter Hednesford [2016] ECC Lic 5

The Chancellor found that there were special circumstances (as set out in the judgment) which justified him in granting a faculty for exhumation and reinterment in the same churchyard. The petitioner wished to move the cremated remains of his father to the grave of his mother, who had died recently and who had expressed a wish before her death to have her body buried and for her husband's cremated remains to be moved into the same grave, not realising that there could be difficulties in carrying out her wishes.