Judgment Search

Downloads

Click on one of the following to view and/or download the relevant document:

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 Jesus College Cambridge [2022] ECC Ely 2

His Hon. Judge David Hodge was specially appointed by the Bishop of Huntingdon to act as Deputy Chancellor to determine the petition presented by the College, which sought permission to remove from the College Chapel a Grinling Gibbons memorial to Tobias Rustat, who had been a benefactor of the College in the 17th century. The College contended that Rustat's investment in companies connected with the slave trade created a serious obstacle to the Chapel’s ability to provide a credible Christian ministry and witness to the College community and a safe space for secular College functions and events. The Deputy Chancellor refused to grant a faculty. He considered that the removal of the Rustat memorial from the west wall of the Chapel would cause considerable, or notable, harm to the significance of the Chapel as a building of special architectural or historic interest, and he was not satisfied  that a clear and sufficiently convincing justification for the removal of the memorial had been made by the College.

Re Jesus College Cambridge [2022] ECC Ely 5

In his judgment in Re Jesus College Cambridge [2022] ECC Ely 2, the Deputy Chancellor dismissed a faculty petition by the College to remove the C17th memorial to Tobias Rustat from the west wall of the Grade I listed College Chapel. The present judgment deals with an application for costs by the parties opponent.  For the detailed reasons set out in the judgment, the Deputy Chancellor refused the application for costs by the parties opponent. There was an overriding principle in relation to costs that parties should not be penalised by an award of costs against them purely because they were unsuccessful, but only if they had acted unreasonably and thereby increased the costs of the litigation. The Chancellor was satisfied that the College had on the whole acted reasonably, and that "any mistakes have tended to work to the benefit of the case advanced by the parties opponent rather than causing them to incur costs unnecessarily."

Re John Ashton McGarry deceased [2013] Geoffrey Tattersall Ch. (Manchester)

Faculty granted for exhumation, to allow the cremated remains of the deceased to be placed with the remains of his wife in a family grave in a different churchyard.

Re Kenilworth Cemetery [2016] ECC Cov 9

The Chancellor found that there were exceptional circumstances to justify him granting a faculty for the exhumation of the cremated remains of the petitioner's father from Kenilworth Cemetery and reinterment with the cremated remains of the petitioner's mother in a grave in the churchyard of St. Nicholas Kenilworth, which already contained the remains of the petitioner's aunt. At the time of the father's death the petitioner had been told mistakenly that burial in the churchyard was not possible, whilst in fact it was possible to inter into an existing grave which would become a family grave.

Re Kenilworth Cemetery [2017] ECC Cov 3

The petitioner's father had died in 2005 and his cremated remains had been interred in the cemetery. His widow, during her lifetime, had expressed a wish to have her cremated remains buried in a more accessible part of the cemetery and for her husband's cremated remains to be exhumed and reinterred in the same grave as her own remains. The widow died in 2017. The petitioner applied for a faculty for exhumation and reinterment of her father's ashes, even though it would be possible to inter the ashes of her mother in the plot where her father's ashes were interred. The Chancellor determined that there were no special circumstances, within the guidelines set out in Re Blagdon Cemetery [2002] Fam. 299, to justify granting a faculty for exhumation.

Re Keynsham Cemetery [2002] Timothy Briden Ch. (Bath & Wells)

Keynsham Town Council sought a faculty  for "The laying flat on its appropriate grave any tombstone or other monument found on inspection to be unstable or dangerous in some other respect . Such permission to cover both past and future works."  The Council had already laid flat 178 memorials without a faculty. Notice of Objection was received from 20 members of the public, of whom some became parties opponent. The Chancellor decided that it was appropriate to grant a confirmatory faculty, but that a separate faculty would be needed for works in the future, and he set out conditions which would apply to future works.

Re Kilnhurst St. Thomas [2012] David McClean Ch. (Sheffield)

A memorial was installed within a couple of years of the petitioner's father dying in 1946, when the petitioner was a small child. In 2011 the petitioner's cousin and her aunt decided to replace the original memorial with a black polished granite memorial with kerbs and green chippings, and the installation was carried out without faculty. The petitioner sought a faculty to authorise the removal of the second memorial and the erection of a replica of the original. The Chancellor was satisfied that the petitioner was the heir at law in respect of the first memorial, the person who purchased the memorial (assumed to be the petitioner's mother) having died. He accordingly granted a faculty to the petitioner.

Re King's College Chapel Cambridge [2023] ECC Ely 1

As part of its policy on climate change, to reduce its carbon footprint, the College wished to place solar panels on both the north and south sides of the Chapel roof. The main arguments of the consultees against the proposal were that the panels would be partially visible through the parapet tracery from a few viewpoints. The Church Building Council also questioned whether panels on the north side of the roof could generate enough energy to justify them. The Chancellor was satisfied that the scheme would benefit the College and would help it towards reaching its net zero target. He determined that he would grant a faculty for solar panels on both sides of the roof, or on the south side only, dependent upon an updated assessment of the potential carbon payback for the north roof and calculations and observations as to the effect on the structure without an identical weight on the north roof, were the eventual decision to allow for solar panels on the south roof only.  The assessment should be produced within 28 days and provided to the DAC and other bodies who had been involved in the process, such assessment to be produced within 28 days and then submitted to the consultees for comment within a further 21 days.

Re Kingston upon Hull St. Nicholas [2019] ECC Yor 2

A faculty was sought for the following in the unlisted church which was built in 1969-1970: replacement of the existing twenty pews with one hundred and twenty Alpha SB2M chairs and four stacking trollies; a data projector to the front archway; an overhead retractable screen to the wall above the reredos; a lighting bar and stage lights to the front archway; replacement of the existing sound desk housing with a larger housing to accommodate additional equipment. Two parishioners wrote a letter of objection, but did not become parties opponent. They claimed that there had been insufficient consultation in the parish and that the audio-visual equipment had already been installed. The Chancellor was satisfied that there had been adequate consultation and that the petitioners had made out a good case for the works. As for part of the works being completed already, the Chancellor accepted the explanation and apology given by the petitioners. A faculty was granted in respect of all the works.



Re Lambeth Cemetery Tooting [2021] ECC Swk 3

The petitioner's late father, a Muslim, had been buried in a grave in part of the cemetery consecrated for burials according to the rites of the Church of England. It was unclear whether this had been pointed out to the family at the time of death (as none of the cemetery staff were in post when the father was buried), but probably not. Also, the burial had been limited to single depth, because of the ground conditions. The petitioner's mother, who had recently died, had been buried in an unconsecrated part of the cemetery. The petitioner stated that it had been the wish of his parents to be buried together. It had not been possible to bury the petitioner's mother in the same grave as her husband (even disregarding the fact that the grave was consecrated. The Chancellor decided that there were exceptional circumstances to justify the grant of a faculty to enable exhumation of the petitioner's father's remains, for reinterment in the unconsecrated grave where his mother was buried.