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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 Streatham Cemetery [2023] ECC Swk 3

The burial authority sought authorisation to reuse two areas of Streatham Cemetery largely free of memorials. The Chancellor considered that the proposals were in principle both acceptable and commendable, to facilitate the economical use of land and to address the continuing shortage of grave space. He therefore granted a faculty.

Re Streatham Park Cemetery [2011] Philip Petchey Ch. (Southwark)

The petitioner's mother's (a Belgian Roman Catholic) had been buried in an unconsecrated part of Streatham Park Cemetery. The petitioner's father had been buried in a consecrated part of the cemetery, and in the same grave as the petiitoner's father's still-born sister. The father's interment had been arranged by the petitioner's late grandparents. The petitioner believed that his father had always wanted to be buried with his mother, so that the grandparents had failed to carry out the wishes of the father. Also, the petitioner was unhappy about the lack of maintenance of the area in which the graves were situated. The petitioner proposed that the remains of his parents should be exhumed and reinterred together in the town in Belgium where his parents had been married, and where they had relatives. The Chancellor agreed to the exhumation of the father's remains (the exhumation of the mother's remains from unconsecrated ground would reqire a Home Office licence) and reinterment in the Belgian cemetery. The Chancellor refused to grant an additional request of the petitioner to have the remains of his father's still-born sister exhumed and reinterred in a cemetery at Maidstone, where the petitioner's grandparents were interred in separate graves.

Re Streatham Park Cemetery [2013] Philip Petchey Ch. (Southwark)

By mistake, the body of a lady was interred in the wrong grave, namely, in a grave reserved for a married couple, of whom the wife's body had already been interred in the grave. The mistake only came to light when the husband who had reserved the grave died and arrangements were made for his interment with the remains of his wife. The husband's remains were temporarily interred in an unconsecrated grave. The Chancellor granted a faculty for the exhumation of the remains of the lady buried in the wrong grave, in order that they could be transferred to the grave where they should have been buried, so that the remains of the man could be exhumed and reinterred with the remains of his wife.

Re Streatham Park Cemetery [2016] ECC Swk 15

The Chancellor granted a faculty to authorise the exhumation of cremated remains, so that they could be reinterred in the same grave at a greater depth, in order to allow the interment above them of the cremated remains of another member of the family.

Re Streatham Park Cemetery [2022] ECC Swk 1

The Chancellor granted a faculty for an exhumation and reinterment in circumstances where, owing to an administrative error, a deceased's remains had been buried in the wrong grave.

Re Streatham Park Cemetery [2023] ECC Swk5

The petitioner's brother had died, aged 5, in 1970 and his remains were interred in a consecrated part of Streatham Park Cemetery. It had been the hope of the petitioner's parents that they would be able to be buried next to their son. The petitioner's mother having recently died, it was discovered that the she could not be buried next to her son. The petitioner therefore sought a faculty to have her brother's remains exhumed and the grave dug deeper to allow the reinterment of her brother's remains, the interment of her mother and, in due time the interment of her father. The Chancellor determined that there were exceptional circumstances to justify the grant of a faculty: "... family graves are intrinsically a good thing, as expressive of family unity and making economical use of grave space. The creation of a family grave formed part of the exceptional circumstances arising in Blagdon." [Re Blagdon Cemetery [2002] Fam 291 (Court of Arches)]

Re Sutton Cemetery [2019] ECC Swk 6

The petitioner wished to exhume the cremated remains of his late wife from Sutton Cemetery and reinter them at the North East Surrey Crematorium in Morden. He had agreed to his wife's ashes being interred at Sutton in the grave of his wife's mother and grandmother. The Petitioner expected that he too could have his ashes buried with those of his wife in due course. However, owing to a rift between the petitioner and his wife's sisters, the sisters would not agree to the petitioner's ashes being buried with those of his wife. The Chancellor decided that this was an exceptional case where he could grant a faculty for exhumation and reinterment, so that the petitioner's ashes could be buried in the same grave as the ashes of his wife in due time.

Re Tewkesbury Abbey [2011] June Rodgers Ch. (Gloucester)

The proposal was to construct limed oak seating around the semi-circle of the apse of the Lady Chapel, terminating in a credence table at the southern end. The Vicar and Churchwardens and the Parochial Church Council wished to make the chapel suitable for other forms of service in addition to Holy Communion. There were three objectors in response to the public notice, only one of whom became a party opponent. His principal objection was that "The Chapel dedicated to Our Lady is for prayer and celebration of the Eucharist. It is not intended as a place for any other gathering, nor is it appropriate for con-celebration." The Chancellor was satisfied that the petitioners had made a good case for the proposals and granted a faculty.

Re The Blessed Virgin Mary Ellesmere [2014] Stephen Eyre Ch. (Lichfield)

Medieval tracery and stained glass forming the east window of the church had been removed in the 1880s, due to subsidence. New tracery and stained glass were installed. The old glass and tracery were placed in storage. In 1975 the tracery was laid out near the replacement east window and the glass was given on loan to the Stained Glass Museum at Ely.The Vicar and Churchwardens now sought a faculty to convert the loan of the glass to a gift. Re St Lawrence Oakley with Wootton St. Lawrence [2014] Court of Arches considered. Faculty granted

Re The Church of the Ascension Hall Green [2015] Mark Powell Ch. (Birmingham)

Faculty granted for the installation of an audio-visual system in a Grade II* Queen Anne church.