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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 Woking [2024] ECC Gui 1

An extensive programme of reordering was proposed in order to accommodate all the activities of this very busy church. The Chancellor was satisfied that there was a clear and well-evidenced need for the proposals and that the proposals would result in a low level of harm to the significance of the church. He therefore granted a faculty.

Re Christ Church Worthing [2021] ECC Chi 8

The Chancellor granted a faculty for reordering works, including: removal of some pews and pew platforms from the west end of the church; a new suspended floor with wet trench heating; ; new footings below the new floor, in anticipation of a potential reinstatement of the gallery; introduction of a tea point/servery and storage cupboards; works to plasterwork and glazing; and electrical and drainage works.

Re Christchurch Dore [2020] ECC She 1

In September 2018, the Archdeacon had given a temporary licence for reordering, to allow the removal of two pews (to be retained in safe storage) and the reversal of a third pew, to provide a children's corner on the north side of the church. Three parishioners gave written objections, but did not become parties opponent. Against the background of a forthcoming petition for a general reordering, including removal of the pews, the Chancellor granted a faculty for the temporary arrangement authorised by the Archdeacon to continue until the forthcoming petition was determined. At that point the Chancellor could decide whether the present arrangement should continue or be reversed.

Re City of London Cemetery [2022] ECC Chd 3

The petitioner, the son of a Ghanaian, sought a faculty to authorise the exhumation of his father's remains, with a view to the remains being reinterred in a grave in his father's home town in Ghana. The deceased, aged 98, had during his lifetime expressed a wish to be buried in his home town. However, he died suddenly from Covid-19 in 2020, and owing to Covid restrictions the family had been advised that expeditious burial in a sealed, zinc-lined coffin was advised, and transfer to Ghana was then impossible. The Chancellor decided that, in the unusual circumstances of this case, the petitioner had demonstrated exceptional circumstances to displace the normal presumption that burial in consecrated ground is final, and she therefore granted a faculty.

Re Clayton Cemetery Bradford [2019] ECC Lee 2

The petitioner wished to have the cremated remains of her brother, Colin Berry, exhumed from Clayton Cemetery and reinterred in Queensbury Cemetery, where the Berry family had exclusive burial rights in two adjacent plots. Mr. Berry had died of a gunshot wound during a police raid in 2013. Following his death there had been a lack of communication between Mr. Berry's widow and the Mr. Berry's own relatives. Shortly after the death, Mr. Berry's widow moved away without paying the funeral bill from her husband's estate, and attempts to trace her had failed. The Chancellor found that there were exceptional circumstances in which to authorise exhumation, but the faculty was to be subject to a condition that the area for reinterment in Queensbury Cemetery should first be consecrated (to which Bradford City Council had agreed), before the remains were reinterred there, in order that the Court could maintain jurisdiction in the unlikely event of Mr. Berry's widow subsequently seeking to set aside the Chancellor's decision

Re Coombes Parish Church [2016] ECC Chi 5

The Chancellor granted a faculty to permit the loan to the Chichester Cathedral Treasury of a figure of Christ, believed to have been part of a crucifix made in Limoges in the 13th century. The Chancellor had previously granted an interim faculty allowing the Archdeacon to remove the figure to a place of safety, following the theft of the figure and its subsequent recovery by the Police.

Re Cottingley Hall Cemetery [2023] ECC Lee 1

Owing to a mistake by the burial authority, the remains of the petitioner's mother had been interred in a grave reserved for someone else. The petitioner applied for a faculty for exhumation of his mother's remains and their reinterment in the grave where they should have been interred. The Chancellor, following the guidance in Re Blagdon Cemetery [2002] 3 WLR 603, determined that an error in administration in this case amounted to an exceptional circumstance permitting the principal of permanence of Christian burial to be set aside, and he accordingly granted a faculty.

Re Coventry Road Cemetery Bedworth [2016] ECC Cov 1

The petitioner wished to have the cremated remains of her father exhumed from the cemetery at Bedworth and have them reinterred with the remains of her mother, already interred in a cemetery in Nuneaton, where three adjoining plots had already been reserved for family interments. The Chancellor determined that this was an appropriate case to allow the removal of remains to a family grave, within  the guidelines laid down in Re Blagdon Cemetery [2002] Fam 299.

Re Crigglestone Cemetery [2017] ECC Lee 3

The Chancellor refused to grant a faculty for the exhumation of the cremated remains of the petitioner's son so that they might be placed in a niche or columbarium in the garden of the petitioner's home.

Re Crowland Abbey [2021] ECC Lin 3

A faculty was sought to change the use of the parvise of the 15th century west porch of Crowland Abbey from a storage area to a chapel suitable for Eastern Orthodox worship, in anticipation of the completion of a sharing agreement between the priest in charge of Crowland Abbey and Archbishop Silousan Oner, of the Antiochian Orthodox Christian Archdiocese of the British Isles and Ireland. The project required the construction of an iconostasis at the eastern end of the parvise, a new floor covering, a reliquary, credence table, reading stand and curtains for the external windows. The Chancellor was content for the agreement to be completed and the works to be carried out. He accordingly granted a faculty.