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

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2021 Judgments

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.

Re Lambeth Cemetery [2003] Charles George Ch. (Southwark)

In 1985 the petitioner's young sister's body had been buried in a consecrated part of Lambeth Cemetery. The family are Italian Roman Catholics, and when the burial took place they had no understanding of the significance of burial in consecrated ground, and it had been the intention of the parents after ten or so years to return to Southern Italy and take their daughter’s remains with them with a view to reburial in an above-ground mausoleum in South Italy, where that form of burial is common. The plan to return to Italy changed, but in 1998 a new mausoleum was opened at Streatham Park Cemetery, and since then it had been much used by the Italian community. The petitioner wished to move his sister's body to the mausoleum. The Chancellor granted a faculty, on the basis that at the time of burial there had been a mistake in the family's understanding of the nature of, and the consequences of, interment in consecrated ground, which had not been explained to them.

Re Lambeth Cemetery [2003] Charles George Ch. (Southwark)

The petitioner wished to exhume the body of her daughter from Lambeth Cemetery with a view to reinterment in Streatham Park Cemetery. The petitioner's family were Italian Roman Catholics. They had intended after about 10 years to return to Italy and have the remains of the daughter exhumed and reinterred in an above-ground mausoleum in Southern Italy. However, following the opening of a new mausoleum in Streatham Park Cemetery, and a change of plan as to their future, they wished to have the remains buried at Streatham Park Cemetery mausoleum, where many Italians were being buried. As the family of the deceased had intended the original burial to be temporary and had a mistaken view of the consequences of burial in consecrated ground, the Chancellor was persuaded to treat the circumstances as exceptional and to grant a faculty.

Re Lambeth Cemetery [2019] ECC Swk 5

The petitioner wished to exhume from the consecrated part of Lambeth Cemetery the remains of her father, interred in 1987. The family is not Christian, but Taoist, and it was not known at the time of the interment that the grave was consecrated. When the petitioner's mother died in 2018, the petitioner felt that she could not have her mother's remains buried in the same grave as her father, owing to the Taoist cultural tradition prohibiting a female being buried on top of the head of the family. There was no available spce for interment of her mother's remains next to those of her father, so the petitioner arranged for her mother's remains to be interred in a double plot in Beckenham Cemetery, assuming that she would be able to have her father's remains exhumed and reinterred in that grave. The Chancellor considered that there were exceptional circumstances justifying the grant of a faculty.

Re Lambeth Cemetery [2020] ECC Swk 3

The petitioner wished to have the cremated remains of her partner James's brother and sister exhumed from the consecrated area of Lambeth Cemetery and reinterred in the same double grave plot which James had reserved in 1991, intending the plot for his mother and himself. The reason for the request was that James's mother had died and her body had been buried in the plot, and James's brother and sister had then died, and their cremated remains had been interred in the plot. This presented a problem when James subsequently died, because for him to be buried in the grave (he did not wish to be cremated), the cremated remains of his brother and sister would have to be lifted in order to allow his burial, with their cremated remains then being returned to the grave. The Chancellor was satisfied that the circumstance were such as to justify the grant of a faculty.

Re Lambeth Cemetery [2020] ECC Swk 4

The facts of the case were that the petitioner wished to have the body of his son, who was stillborn in 1998, exhumed from an area of the cemetery set aside for the remains of children and reinterred in a burial chamber in the same cemetery with the body of the petitioner's wife, who had died in 2020, the burial chamber being large enough for the petitioner's remains to be interred in it in due course, thus creating a family grave. In his judgment the Chancellor gives his reasons for having already granted a faculty for exhumation. The judgment contains a discussion of the approach of the courts in the leading cases relating to exhumation.

Re Lambeth Cemetery [2025] ECC Swk 2

In distressing circumstances, the remains of a child (A) aged 8 had been buried in the consecrated part of a local authority cemetery. The family were unaware of the fact of consecration or its consequences. Informed by the local authority that their exclusive right of burial would soon end, the family applied for a faculty to exhume the remains, for them to be cremated and to be kept at home until they were scattered after the death of those who had known A. The Chancellor held that there were exceptional circumstances justifying exhumation as proposed. He also permitted the exhumation of the ashes of the boy’s uncle; these had been buried in the same grave as A because of the family relationship. The Chancellor disagreed with the view of the Legal Advisory Commission that the scattering of ashes was necessarily contrary to Canon Law, taking the view that this depended on whether it was reverent or not. He also explained that the fact that an exclusive right of burial had come to an end did not end the protection of the grave by the Consistory Court, although it might be the case that any memorial could be removed.

Re Landican Cemetery [2019] ECC Chr 2

The petitioner wished to exhume the body of her still-born son who was buried in an oak coffin in the cemetery in 1991 and to have the remains cremated and the ashes placed in a designated rose garden area at Landican Cemetery, where the remains of her own mother and brother had been placed. The petitioner's former partner opposed the exhumation, claiming to be the father of the child and the owner of rights of burial in the grave, whereas the petitioner claimed that he was not the father, and that she had conceived the child as the result of a relationship with another man during a brief separation of the petitioner and her former partner. There were allegations on both sides of interference with items placed on the grave. The Chancellor determined that exhumation was unnecessary and encouraged the parties, with the help of the cemetery manager, to reach an agreement about the future care of the grave.

Re Lonan Cemetery [2023] EC Sodor 2

The body of a man had been found by Manx fishermen 10 nautical miles north of Ramsey, Isle of Man. At the time it was impossible to identify the body and it was buried in Lonan Cemetery. Ten years later it was possible to match retained genetic material from the deceased with that of members of the family of a man from Wicklow in Ireland, who had last been seen in December 2012. The deceased's partner applied for a faculty for exhumation from Lonan Cemetery and reinterment in a cemetery in County Wicklow next to the graves of members of the deceased's family. The Vicar General and Chancellor of the Diocese of Sodor and Man considered that there were exceptional circumstances which justified the grant of a faculty.