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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 Waltonwrays Cemetery [2010] John Walford Ch. (Bradford)

The petitioners wished to exhume the cremated remains of their son and scatter them on a beach in South Wales. The Chancellor could find no special reason to justify the grant of a faculty.

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

A faculty was granted for exhumation of the remains of a stillborn child from Wandsworth Cemetery and re-interment in Winchester, where the parents now live. Per Petchey Ch.: "I will grant this petition because of the fact that Mr. and Mrs. Rees did not have a permanent home in Wandsworth at the time of the burial of their stillborn son and because of the tragic circumstances of that stillbirth, with which Mrs. Rees is still trying to come to terms. These reasons represent circumstances which make it appropriate to make an exception to the norm of Christian burial."

Re Wandsworth Cemetery [2023] ECC Swk 1

The Chancellor granted a faculty to allow cremated remains to be temporarily removed from a grave, in order to allow a further coffin burial, noting that the principle of exceptionality in Re Blagdon Cemetery [2002] Fam. 299 "makes clear that the principle of family solidarity is to be encouraged; as is economy in the use of grave space".

Re Welland St. James [2011] Charles Mynors Ch. (Worcester)

The vicar and churchwardens and the Parochial Church Council wished to dispose of two items of silver: an Elizabethan jug mount (silver and glass), hallmarked 1582 and a silver-gilt steeple cup and cover, hallmarked 1613. The petitioners wished to use the proceeds to help them to complete a reordering project. The Chancellor granted a faculty. The judgment contains a summary of recent case law relating to the disposal of valuable objects from churches.

Re Welton Road Cemetery Daventry [2017] ECC Pet 2

In 1987 the petitioner had reserved for herself a cremation plot in the cemetery immediately next to the plot in which were interred the cremated remains of her parents. In 2016 she noticed that an interment had taken place in the plot which she had reserved. This situation had come about because in 2015 the burial authority had by mistake granted an exclusive right of burial in the same plot to someone else. The petitioner therefore applied for a faculty for exhumation of the cremated remains interred in the plot she had reserved in 1987. The Chancellor determined that this was an appropriate case in which a faculty should be granted, owing to the administrative error which had occurred.

Re West Hoe Cemetery Bishop’s Waltham [2021] ECC Por 5

The petitioner wished to exhume the remains of her daughter from a grave at West Hoe Cemetery, Bishop's Waltham, Hampshire, and reinter the remains in Fremington Cemetery in Devon. The child had died in 1988 from sudden death syndrome at the age of 14 weeks. In 2002 the petitioner had moved to live in Devon, where another of her children died from cancer in 2019 and was buried in Fremington Cemetery, since when graves had been purchased either side of the one where the daughter was buried, with a view to creating a block of graves for the burial of the petitioner and other family members in due course. The Chancellor noted that the family was now settled in Devon and that the Court of Arches in Re Blagdon recognised and encouraged the concept of family graves. He therefore granted a faculty for the proposed exhumation and reinterment.

Re West Malling Abbey [2021] ECC Roc 1

The petition related to replacement lighting, the introduction of cable housing at high level, redecoration and investigations into the clerestory glazing of the 1960s Grade II* church. The Twentieth Century Society, Historeric England and the Diocesan Advisory Committee had reservations about replacing the original lighting globes in the sanctuary. The Chancellor was not satisfied that the petitioners had made a good case for removing the globes, and so he directed the grant of a faculty only for the other items in the petition.

Re West Norwood Cemetery [2012] Philip Petchey Ch. (Southwark)

A faculty was granted for exhumation and re-interment in the same grave at a lower level, in order to provide room for further interments.

Re West Norwood Cemetery [2016] ECC Swk 7

The petitioner's father died in 1985 and his body was interred in West Norwood Cemetery. The petitioner's mother originally intended to be buried next to her husband. The petitioner's mother died in 2014. Before she died, she expressed to the petitioner a wish to be buried in a family grave in Ireland and to have her husband's body exhumed, cremated and buried with her in the family grave. Considering the the guidelines set out in the judgment in Re Blagdon Cemetery [2002] Fam 299, the Chancellor determined that reinterment in a family grave, and the consequent release of two grave spaces in South London, where burial space was at a premium, would allow him to treat this application as an exception to the general policy against exhumation, and he according granted a faculty.

Re West Norwood Cemetery [2023] ECC Swk 4

In 1995, the remains of the petitioner's late mother's stillborn child were interred in the consecrated children's section of West Norwood Cemetery. In 2022/2023, the petitioner's mother was terminally ill. It was not possible for her remains to be interred with those of her stillborn daughter. She therefore reserved a double depth plot in unconsecrated land at Mitcham Road Cemetery, Croydon, for herself and her husband (both Roman Catholics) and an adjoining plot, hoping that her stillborn daughter's remains could be move there. The petitioner's mother died in March 2023. The Chancellor determined that there were circumstances which justified an exception to the norm of permanence of burial, namely, ignorance of the fact of consecration and the creation of a family grave. He therefore granted a faculty.