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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 Holy Trinity Low Moor [2010] John Walford Ch. (Bradford)

The petitioner wished to exhume from the churchyard the cremated remains of his father and to have the remains reinterred in a cemetery with the remains of his mother, who had subsequently died. Applying the principles in Re Blagdon Cemetery [2002] Fam 299, the Chancellor found no special circumstances to justify the grant of a faculty for exhumation.

Re Holy Trinity Mapperley [2020] ECC Der 1

The petitioners wished to remove permanently from the 1960s church the original pulpit, which  had not been used for 20 years. Three individuals objected to the proposal, but the Chancellor determined that the pulpit 'does little, if anything, for the look of the interior, and it is not an item of intrinsic worth or merit.' He accordingly granted a faculty.

Re Holy Trinity Northwood [2015] Stephen Eyre Ch. (Lichfield)

The church is surrounded on three sides by iron railings with a bar at the top surmounted by finials in the shape of a fleur-de-lys. In 2014 a child climbed the fence in an attempt to recover a frisbee, which had flown into the churchyard. The child slipped and impaled his head on one of the finials, causing damage to his jaw. The PCC sought to remove the risk of another similar incident by seeking permission to place a bar across the tops of the finials. Notwithstanding that the Diocesan Advisory Committee did not approve the proposal, but suggested alternatives, the Chancellor granted a faculty.

Re Holy Trinity Pleshey [2022] ECC Chd 1

The priest-in-charge and churchwardens sought permission to reuse for burials three specific areas of the churchyard where there were no memorials and no evidence of recent burials. The Chancellor considered that it was appropriate to grant a faculty to allow reburial, rather than have the churchyard closed for burials after the remaining space for five new graves in the currently used part of the churchyard had been filled. As it appeared that the risk of encountering human remains was greatest in area 3, the Chancellor directed that areas 1 and 2 should be used first. The Chancellor added a number of other conditions to the grant of the faculty.

Re Holy Trinity Poulton-le-Sands [2021] ECC Bla 5

The proposals were to install two matching etched-glass memorial screens and doors in the north and south archways at the east end of the nave, and also install a new projector and a 'smart' glass projector screen, which would be transparent when not in use, and opaque when used with the projector. The Victorian Society objected to the proposed projector screen. The Chancellor granted a faculty, being satisfied that the proposals would not cause more than minimal harm to the significance of this church as a building of special architectural or historic interest.

Re Holy Trinity Poynings [2017] ECC Chi 3

The petition related to the south transept of the Grade I church and the installation of underfloor heating beneath a new stone floor; the provision of a discreet tea point; and the introduction of heritage boards. The historic memorial slabs laid into the floor would be left in situ, covered by the heating elements and the new floor. The Society for the Protection of Ancient Buildings entered an objection and became a party opponent. The Chancellor dismissed the petition. He took the view that the proposals were unlikely to achieve what the parish seemed to want, namely, to heat the whole church which is ‘intolerably cold’ for several months of the year. The proposed underfloor heating in the south transept would only provide a partial solution, and one which would be largely compromised due to the inability to isolate the south transept as a sealed environment.

Re Holy Trinity Richmond [2010] Philip Petchey Ch. (Southwark)

The Vicar and Churchwardens sought a faculty to install a memorial in the north aisle of the church, in memory of Mr. David Church. Whilst memorials are not normally allowed in churches, the Chancellor decided to grant a faculty: "Mr Church clearly was someone who contributed something special to the community and I am satisfied that he is appropriately commemorated by a tablet in the church.

Re Holy Trinity Rivington [2020] ECC Man 1

The proposal was to remove one pew and rearrange three pews at the western end of the church on the south side so as to form an enclosed space with pews on three sides, in order to provide more circulation space for people gathering for coffee after a service; a safe place for children during services; a space for notices and worship aids; and an area for small meetings. There were several letters of objection from people who were resident in the parish or on the electoral roll, but there were no formal parties opponent. The Chancellor granted a faculty, being satisfied that the removal of the pews would not result in harm to the significance of the Grade II listed church as a building of special architectural or historic interest, and that the Petitioners had shown a sufficiently good reason for the change.

Re Holy Trinity Rusholme [2012] Geoffrey Tattersall Ch. (Manchester)

The petitioners wished to replace all the nave pews with chairs, level the floor and install underfloor heating and carpet the nave. The Chancellor granted a faculty.

Re Holy Trinity Shaw [2012] Geoffrey Tattersall Ch. (Manchester)

Faculty granted for the erection of metal railings surmounted by Raptor anti-scaling barrier on the north and west sides of the churchyard, as a security measure to prevent further lead thefts.