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Alphabetical Index of all judgments on this web site as at 10 September 2024

Judgments indexed by Diocese:
2024 Judgments
2023 Judgments
2022 Judgments
2021 Judgments

Re Holy Trinity Cookham [2024] ECC Oxf 1

The proposals included an accessible toilet within the west tower, removal of the pews, new stone flooring and a new heating system including underfloor heating and perimeter radiators heated by a replacement gas boiler. There was opposition from the statutory consultees. The Chancellor had to consider whether the petitioners, as required by the Faculty Jurisdiction Rules 2015, had given 'due regard' to the net zero guidance on reducing carbon emissions issued by the Church Buildings Council. The Chancellor granted a faculty, being satisfied that the petitioners, through their heating consultant, had considered all alternative sources of heating and that "at the present time, a replacement gas boiler is the only viable and affordable heating option which will meet all the relevant needs and aspirations of the church".

Re Holy Trinity Coventry [2017] ECC Cov 5

In 2007 the Parochial Church Council passed a resolution implementing a policy of restricting the interment of ashes in the closed churchyard to those of people on the electoral roll at their death and whose names has been on the roll continuously for at least the last ten years; also that no further memorial stones should be permitted. The petitioner wished to have his wife's cremated remains interred in a new plot and a memorial plaque placed over the plot. The petitioner's wife had been on the electoral roll for three years, but the family had worshipped at the church for many years and members of the family were buried in the churchyard, with the burials marked by memorials. The Chancellor stated that the PCC's policy could not override his discretion and granted a faculty for the interment and memorial.

Re Holy Trinity Dalton [2019] UKUT 0176 (LC)

This was an appeal from a decision of the Land Registration Division of the Property Chamber of the First-Tier Tribunal, which resulted from an application by the Incumbent and the Diocesan Board of Finance (the Respondents in the appeal) to register the title to the church. The church at Dalton was completed in 1837 and was conveyed to the Church Building Commissioners by Edward Collingwood as a chapel of ease for the parish of Newburn. The conveyance reserved to the donor the burial vault under the nave for the interment of the donor and his heirs. The last interment of a member of the Collingwood family was in 1940. By a pastoral scheme made in 2004, the church was declared redundant.  Before the scheme, the church was always open, but after the scheme it was kept locked. The issue was whether the respondents (or either of them) had made out a claim to the vault based on adverse possession. The  decision of the Upper Tier Tribunal was that the respondents could not claim title to the vault by adverse possession.

Re Holy Trinity Dodford [2010] Charles Mynors Ch. (Worcester)

The proposal was to introduce two new glass screens, between the eastern end of the nave and the south transept and between the south transept and the lady chapel. The result will be to enable the south transept to be used as a separate room. The Chancellor granted a faculty. He was satisfied that the petitioners had made a good case and that there was "no evidence that this proposal would harm the character of this listed church – as opposed to merely changing it."

Re Holy Trinity Drayton Parslow [2018] ECC Oxf 3

The Petitioner wished to add the word 'Beloved' to the memorial on his father's grave, on a blank line before the words 'Father, Teacher, Linguist'. The incumbent and one of the churchwardens became parties opponent and there were two parishioners who submitted letters of objection. In 2010 the petitioner had been convicted of murdering his father, and had been sentenced to life imprisonment. Following the murder, the petitioner had buried his father's body under concrete and had made a pretence to the community that his father was still alive. The Chancellor refused to grant a faculty. He concluded that, given the circumstances, it would be inappropriate to allow the word 'Beloved' to be added to the memorial, and would be likely to give offence to the local community. Furthermore, the word would appear to the public as an expression of the petitioner's continuing denial of the offence for which he had been convicted.

Re Holy Trinity Eccleshall [2010] Court of Arches

In 2009, the Chancellor of the Diocese of Lichfield refused to grant a faculty for the introduction a raised area at the east end of the nave and the moving of four pews from the south aisle to the north aisle to allow space for a ramp to the raised area. The appeal was allowed.

Re Holy Trinity Eccleshall [2013] Stephen Eyre Ch. (Lichfield)

A faculty was granted for a memorial in the form of an urn.

Re Holy Trinity Eccleshall [2014] Stephen Eyre Ch. (Lichfield)

The Chancellor refused to grant a faculty for a proposed memorial which included kerbs.

Re Holy Trinity Folkestone [2013] Morag Ellis Comm. Gen. (Canterbury)

The Vicar and Churchwardens wished to introduce six new stained glass windows into the church. Faculty granted.

Re Holy Trinity Headington Quarry [2018] ECC Oxf 1

The proposals were for extensive reordering of the Grade II church and the building of an extension in the churchyard to accommodate toilets, a kitchen, a store room, a meeting room and refurbished choir vestry and vicar's vestry and toilet. The extension would be built over one known grave of a married couple, who died in 1975 and 1980 respectively. The Chancellor was satisfied that, because the church extension would be built on piles, the grave would not be disturbed. He was also satisfied that the petitiners had discharged the burden of proving that (quoting Lord Penzance in Peek v Trower [1881]) "the church will be more convenient, more fit for the accommodation of the parishioners who worship there, more suitable, more appropriate, or more adequate to its purpose than it was before".