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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 Christ Church Laxey [2019] EC Sodor 1

The Chancellor considered two faculty petitions, the object of both being to allow the church to be used as a visitor centre as part of a heritage trail linking various historic sites in the village. The first petition related to the installation of a digital display board, to be installed on the north wall of the nave, and to be used for notices, for showing films about the history of village and as an aid to worship on appropriate occasions. The second application sought permission to install two secure moveable cabinets in the south west corner of the church and two moveable desks at the rear of the church, the cabinets to be used to store merchandise for supplies and sales to visitors, one of the desks is to be used to display information for visitors and the other to enable Manx craftspeople to sell their merchandise. The Chancellor granted two faculties.

Re Christ Church Lye [2015] Charles Mynors Ch. (Worcester)

Faculty granted for the felling of two trees which were causing damage to a nearby house.

Re Christ Church Padgate [2022] ECC Liv 3

In the special and distressing circumstances of this case, the Chancellor granted a faculty for exhumation and reinterment in the same churchyard. The funeral directors and the gravedigger had failed to comply with the family's request for a grave to be dug sufficiently deep to accommodate not only the remains of the deceased, but also the remains of other members of the family in due time.

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.