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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 Kingswood [2020] ECC Bri 2

The petitioner sought permission for a memorial consisting of an upright stone and a horizontal slab to mark a family grave containing four interments. This type of memorial was not within the current churchyards regulations, but there were other graves with memorials of this type in the churchyard. The Chancellor considered that it was only equitable in the circumstances to grant a faculty.

Re Holy Trinity Kirk Ireton [2017] ECC Der 5

The petitioners proposed the removal of 15 unfixed and damaged Victorian pine pews with a view to providing more flexible use of the church for family services and community use, the pews to be replaced with 39 wooden chairs with upholstered seats. The Chancellor was satisfied that the petitioners had made a ‘robust justification’ for their proposals and granted a faculty.

Re Holy Trinity Lamorbey [2016] ECC Roc 3

The petitioners sought permission to remove four pews from the back of the church, in order to provide more room for the serving of refreshments and for accommodating buggies and wheelchairs. The church is Victorian and unlisted. There was one objector, who did not become a party opponent. The Chancellor, being satisfied that the works were both needed and appropriate, granted a faculty.

Re Holy Trinity Langdale [2025] ECC Car 1

The petitioner wished to install in the churchyard a headstone commemorating two members of his family whose ashes were scattered at a local estate. The intention was for the stone to be placed with memorials to other members of the family. The Diocesan Advisory Committee did not recommend the proposal for the following reasons: it was not possible to determine whether the deceased relatives would have wished to have a memorial in the churchyard; available space in this popular area should be retained for graves rather than family memorials; the requested memorial would mark neither a grave nor an interment of cremated remains; and, whilst the proposed memorial was intended to match other family memorials, a new stone and its lettering ‘could be very conspicuous next to its weathered neighbours.’ For these reasons, the Chancellor refused to grant a faculty. He also declined an amended proposal to attach a white marble plaque to an existing family memorial.

Re Holy Trinity Lickey [2010] Martin Cardinal Ch. (Birmingham)

The former vicar and wardens wished to dispose of three of the four oak choir stalls and clergy seats removed pursuant to a Faculty granted on 29th September 2004 and to place the fourth stall in the lower vestry. The Chancellor granted a faculty.

Re Holy Trinity Long Itchington [2016] ECC Cov 7

The petitioners wished to remove the Victorian pews from a Grade II* listed church and replace them with wooden upholstered chairs. The Victorian Society and Historic England both accepted that the pews were of no particular merit, but objected to them being replaced with upholstered chairs, though they did not wish to be parties opponent. The Chancellor granted a faculty for the removal of the pews, on condition that the replacement chairs should be unupholstered and of a design to be agreed between the petitioners and the Diocesan Advisory Committee, and in default of such agreement to be decided by the Court.

Re Holy Trinity Long Itchington [2018] ECC Cov 3

In 2016 the Chancellor had granted a faculty for reordering works including the replacement of the pews with chairs. He had declined to approve upholstered chairs, but approved the introduction of unupholstered chairs. The petitioners now sought, after much research and consultation, an amendment of the 2016 faculty to authorise a different type of upholstered chair with upholstered seats and upholstered back pads within a wooden frame. The Chancellor concluded that "as the chairs are to have wooden frames and those frames are to have a dark stain applied to them, the additional visual impact of upholstered back pad, though real, will be modest. That additional impact is outweighed by the benefits to be obtained and by the fact that such chairs are the clear preference of the worshipping community after what I accept has been careful consideration of the alternatives." He therefore directed that the faculty granted in 2016 be amended accordingly.

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.