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St. Mary of the Purification Blidworth [2021] ECC S&N 2

In 2000 a churchyard closing order had been made by Order in Council. Notwithstanding the Order, burials of coffins and cremated remains had continued until 2019. There was a further Order in 2019 modifying the original Order. The upshot of the two Orders was that no further burials were allowed except (i) in an unused grave reserved by faculty; (ii) in an existing vault or walled grave; or (iii) in the existing grave of a family member. The judgment contains a detailed discussion concerning rights of burial and also as to whether both the original churchyard and the large churchyard extension had both been closed by the closing order, or just the extension. The Chancellor had before him four faculty applications for the interment of ashes in existing graves of relatives in the churchyard extension, which he was satisfied was covered by the closing order (as amended). He determined that the petitions were unnecessary, because the amending closing order allowed interments in existing family graves. He therefore dismissed the petitions.