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

Judgments indexed by Diocese:
2023 Judgments
2022 Judgments
2021 Judgments

Re Mitcham Road Cemetery Croydon [2021] ECC Swk 1

The petitioners applied for the temporary exhumation of the cremated remains of their brother from their father's grave, so that their mother could be buried in the same grave and the brother's cremated remains then returned to the grave. The Chancellor granted a faculty.

Re Mitcham Road Cemetery Croydon [2021] ECC Swk 5

The petitioner's daughter died, whilst still a child, in 2011. The petitioner and her husband had wanted a triple depth grave for their only child and themselves, but a triple depth grave was not possible because of the ground conditions The petitioner's husband died in 2020 and was buried in a grave about 400 yards away in the same cemetery. The petitioner now wished to have the remains of her daughter exhumed and reinterred in her husband's grave, next to which the petitioner had already reserved a grave for herself. The Chancellor decided that "exceptional circumstances justifying exhumation do exist in this case. The establishment of what is in effect a family grave will be expressive of family unity, which should be encouraged."

Re Mitcham Road Cemetery Croydon [2021] ECC Swk 8

The petitioner's father died on 17 September 2020 and his remains were buried in a consecrated double depth grave in the cemetery, it being intended that in due time the petitioner's mother's remains should be buried in the same grave. The petitioner's mother died in September 2021 and shortly before that a very large memorial, which did not comply with the cemetery regulations, was erected on an adjacent plot. The family felt that the adjacent memorial was so large that it seriously overshadowed the grave of the petitioner's father. It was therefore decided to bury the petitioner's mother's remains in another double depth plot in the same cemetery and to seek permission to move the petitioner's father's remains to his wife's grave. The Chancellor considered that the family's concern was reasonable in the circumstances and, because the uncertainty as to whether or when the offending memorial could be modified or removed was likely to cause prolonged anxiety to the family, he decided to avoid any further distress by granting a faculty for exhumation and reinterment of the petitioner's father's remains.

Re Mortlake Cemetery [2016] ECC Swk 6

The petitioner applied for a faculty for the exhumation of the remains of her mother, interred in Mortlake Cemetery in 1978, and for reinterment in a cemetery in the USA, near to where the petitioner lived. The Petitioner was the deceased's only surviving child and had lived in the USA since 1953. The Petitioner's children and their families all lived near to her  and an area in the cemetery near to her home had been reserved for the burial of members of her family, where one of her daughters was already buried. After considering the principles laid down in Re Blagdon Cemetery [2002] Fam 299, the Deputy Chancellor determined that there were exceptional circumstances allowing her to grant a faculty for exhumation, so that all the members of the family could be buried together in the same cemetery.

Re New Lonan Churchyard [2017] EC Sodor 1

The Vicar General refused to grant a confirmatory faculty for a memorial erected in memory of the petitioner's late wife, who had been a singer/songwriter and author of children's books. The memorial was made of wood and in the shape of a treble clef sign. The reasons given for refusal were: the memorial was taller and much thicker than the maximum dimensions laid down in the churchyards regulations; the wood was already cracking and deteriorating; the regulations required a memorial to be of natural stone; the memorial was of an eccentric shape, which is prohibited by the regulations; the Vicar General considered the memorial inappropriate for the setting. The Vicar General ordered the memorial to be removed within 56 days, and indicated that he would not object to it being replaced with a memorial of natural stone bearing a suitably sized engraving of a treble clef sign.

Re Newcastle Under Lyme Cemetery [2017] ECC Lic 6

In January 1995 the cremated remains of Harold Bristeir were interred in plot 15000 in the cemetery. It was the intention at the time that when his wife Joan Bristier died, her remains would be interred in the same plot. In March 1995, Mrs. Bristeir's brothers, Michael and Roland Durber reserved rights of burial in the adjacent plot 14999. When Roland died in 2011, his remains were interred in plot 15000, owing to a mistake by the burial authority. This mistake came to light in 2017, when Mrs. Bristeir died, and the error was only discovered on the day before her funeral. In the circumstances, Mrs. Bristeir's daughter reluctantly agreed for her mother's ashes going in plot 14999. However, she later regretted that decision in haste and applied for the exhumation of her mother's ashes and Roland's ashes and their reinterment in the correct plots. The Chancellor found that, owing to the mistake by the burial authority, he was justified in allowing the two exhumations and reinterments.

Re Northfleet Cemetery [2022] ECC Roc 2

A baby had died about an hour after its birth and the parents arranged for it to be buried in Northfleet Cemetery. They afterwards regretted their hasty decision to have the baby buried. The mother's mental health, supported by medical evidence, had suffered. She wished to have the body exhumed and cremated, with the intention of retaining the cremated remains at home until she had recovered from her grief. The Chancellor granted a faculty, subject to conditions that the cremated remains should be interred in consecrated ground within 10 years, and until interment the cremated remains should be retained in a respectful and careful manner.

Re of St. Margaret of Scotland Southsea [2019] ECC Por 1

By 2015 the condition and use of the early 20th century church had declined to such an extent that the building was temporarily closed for health and safety reasons and the congregation dispersed to other churches. In 2017 a new congregation was formed and worshipped in the church hall, but before long it became apparent that more space was needed. Steps were taken under various faculties to revive the church and make it safe for worship. The current petition sought authority for the removal of a number of items of furnishing, as a precursor to reordering in a way that would meet the needs of the new congregation. The Chancellor agreed to the removal of the majority of items in the petition (including the high altar and the font), but he excluded the removal of the lectern, the Communion rails and the pulpit (with the associated memorial plaque).

Re Our Lady of Bloxham [2018] ECC Oxf 2

The Deputy Chancellor granted a confirmatory faculty for the removal and disposal of seven pews, which were removed without faculty in 2011 in order to provide a children’s area, a display, a welcome area and the extension of the dais, but he required that the pew frontals removed at the same time were returned to the church.

Re Parkwood Cemetery Waterhouses [2022] ECC Dur 2

The petitioner wished to have the body of her 15 year old daughter, who had committed suicide in 2018, exhumed and cremated. The family had been finding life difficult in Durham following the family tragedy. They wished to move to Canada, where they had relatives, and to take the petitioner's daughter's remains with them, where they could be interred. The Chancellor, applying the principles laid down in the Court of Arches decision in  Re Blagdon Cemetery [2002] Fam 299, determined that the petitioner had failed to prove that there were exceptional circumstances to justify the grant of a faculty for exhumation.