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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 Christ Church Silloth [2022] ECC Car 2

All but twelve of the original pews had been removed from the church as part of a reordering completed in 2021. The current proposal was for the introduction of 100 upholstered chairs as additional seating. The type of chair proposed was a timber framed chair with wine coloured upholstery, supplied by Alpha Furnishing. The Victorian Society objected to the chairs being upholstered, citing the guidance given by the Church Buildings Council, which advised that unupholstered chairs had greater sympathy with historic church environments. The Deputy Chancellor decided to grant a faculty, being satisfied that the petitioners had taken great care in looking at all the possible options and that the red upholstery would not look out of place in this particular Victorian church, where the interior was decorated in red and yellow bands of brickwork.

Re Christ Church South Ossett [2017] ECC Lee 6

The Chancellor granted a restitution order for the removal of a memorial which had been placed in the churchyard without permission.

Re Christ Church Spitalfields [2015] Court of Arches (London)

Proceedings for a restoration order in respect of a building erected on a consecrated burial ground were stayed by the Chancellor of the Diocese. The applicants appealed. The Court of Arches directed that the matter be referred back to the Deputy Chancellor of the Diocese (or a Chancellor of another Diocese) for consideration as to whether the building had been erected in the consecrated churchyard, contrary to the provisions of the Disused Burial Grounds Act 1884 and appropriate disposal of the matter.

Re Christ Church Spitalfields [2017] ECC Lon 1

In 1970, a recreation centre for children had been erected on part of the consecrated churchyard, adjacent to the Church of England School. In 2012 the Chancellor had granted a faculty for the demolition of the 1970 building and the erection of a new school and community building in its place. There was no party opponent to the application. In 2014 an application was made by Spitalfields Open Space Ltd. for a restitution order requiring the new building to be demolished, as it had been erected unlawfully on consecrated ground. The Chancellor dismissed the application. There was an application for an appeal to the Court of Arches. The Rector subsequently applied for a confirmatory faculty. The The Court of Arches remitted the application for a restitution order for determination by a Deputy Chancellor, who granted a confirmatory faculty for the building.

Re Christ Church Spitalfields [2018] EACC 3

Leave to appeal granted by the Court of Arches on limited grounds.

Re Christ Church Spitalfields [2019] EACC 1

Spitalfields Open Space Limited and others v The Governing Body of Christ Church Primary School and others (No 2) [2019] EACC 1

In 2012/13 a building (“the Nursery”) was erected on part of the disused, but still consecrated, churchyard to the south-east of Christ Church, Spitalfields, in the diocese of London. The Nursery was erected unlawfully, in contravention of section 3 of the Disused Burial Grounds Act 1884, which prohibits the erection of buildings in consecrated churchyards. In December 2017 the acting Deputy Chancellor of the Diocese of London issued a confirmatory faculty in respect of the Nursery, and refused to make a restoration order requiring the demolition of the Nursery.  She also held that Spitalfields Open Space Limited did not have a sufficient interest to take part in the legal proceedings. On an appeal to the Court of Arches, the Court determined that:
(1) Spitalfields Open Space Limited had a sufficient interest;
(2) the Consistory Court had not had the power to grant a confirmatory faculty;
(3) an application by a Mr. Ouvry to intervene in the appeal should be refused;
(4) it was appropriate to make a restoration order, requiring the demolition of the Nursery.
(5) to allow time for the occupants of the Nursery to relocate, the restoration of the site need not be completed until 1 February 2029.

Re Christ Church Spitalfields [2019] EACC 2

A order relating to costs and other matters in respect of the Court of Arches judgment in Re Christ Church Spitalfields [2019] EACC 1, which resulted in the making of a restoration order requiring the demolition of the children's nursery building erected on the closed churchyard.

Re Christ Church Spitalfields [2023] ECC Lon 3

The Rector and Parochial Church Council wished to enter into a management agreement with the London Borough of Tower Hamlets, under Section 6 of the Open Spaces Act 1906, in respect of certain parts of the closed churchyard of Christ Church Spitalfields, which adjoins Christ Church Primary School. This judgment was an preliminary judgment to decide on certain issues, including whether the court had the jurisdiction to decide and grant the petition sought by the Petitioners. (The Chancellor determined the petition in his subsequent judgment: Re Christ Church Spitalfields [2024] ECC Lon 3.)

Re Christ Church Spitalfields [2024] ECC Lon 2

The Rector and Parochial Church Council wished to enter into a management agreement with the London Borough of Tower Hamlets, under Section 6 of the Open Spaces Act 1906, in respect of certain parts of the closed churchyard of Christ Church Spitalfields, which adjoins Christ Church Primary School. The petitioners had amended the petition by omitting references to certain parts of the closed churchyard adjoining the school.The Chancellor granted a faculty to authorise the completion of a manangment agreement limited to the parts of the closed churchyard specified in the amended petition.

Re Christ Church Summerfield [2016] ECC Bir 2

The petition proposed an extensive reordering of the Grade II late Victorian church, which would "provide a more flexible space, improved facilities, proper disabled access, proper facilities for families and children, modern heating, modern lighting and a more attractive physical environment to develop the Parish's mission." The Chancellor granted a faculty for the proposed works, with the exception of the proposal to cover all the Victorian tiles in the nave with a wooden floor. The Chancellor stated that he would deal with the issue of the floor by way of an addendum to the judgment, after the parish had had a further opportunity to discuss the matter with the Victorian Society, who had objected to all the tiles being covered.