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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 St. Andrew Sedbergh [2010] John Walford Ch. (Bradford)

The proposal was to hang an ebony and ivory cross above the pulpit, with a small silver plaque nearby. The cross was a gift in memory of two former parishioners. There was one objection from a member of the Parpochial Church Council. As the majority of the Parochial Church Council were in favour of the proposal, the Chancellor granted a faculty.

Re St. Andrew Shepherdswell [2014] Morag Ellis Comm. Gen. (Canterbury)

The PCC decided to replace the late 19th century pipe organ with a digital organ. An application was made for an interim faculty to install the digital organ, but to leave the pipe organ in situ, pending the grant of a permanent faculty. An interim faculty was granted. One parishioner objected to the purchase of the digital organ, principally on the basis of the cost. Faculty granted.

Re St. Andrew Shifnal [2015] Stephen Eyre Ch. (Lichfield)

Faculty granted for a new audio-visual system for a Grade I church, to include two monitor screens mounted on mobile trollies; two monitors screens mounted on poles; and three monitor screens mounted on the walls.

Re St. Andrew Shottery [2022] ECC Cov 4

The proposal was to place a memorial plaque next to two similar plaques on the west wall inside the church. The plaque was to be in memory of two people: a former curate who had died whilst serving at the church as a result of a road traffic accident, and his son, who had been head chorister at the church and had subsequently joined the army and died on active service in Afghanistan. The Deputy Chancellor determined that the test of exceptionality was satisfied in view of the contributions of the two deceased persons to the life of the church.

Re St. Andrew Sonning [2023] ECC Oxf 6

The deputy churchwarden applied for a retrospective faculty in respect of the felling of a lime tree in the churchyard, which had become dangerous. The local authority had approved the felling of the tree. The Diocesan Advisory Committee recommended the granting of a faculty, and the majority of the members of the Parochial Church Council supported the felling of the tree. As the parish had not sought List B consent from the Archdeacon under the Faculty Jurisdiction Rules, it was now necessary for them to obtain a faculty. The Chancellor was satisfied that the petitioner had shown a sufficiently good reason for the felling of the tree, and he granted a faculty, subject to a condition (inter alia) that a replacement tree should be planted.

Re St. Andrew Stockton-on-Teme [2022] ECC Wor 1

A churchwarden of nearly 40 years standing had died in 2004, and at some time after his death a memorial had been erected in the church, without faculty, bearing his family crest and a brief inscription. The stone was of poor quality and had been fixed to the inside stonework of the church with four ordinary screws. Since the memorial's installation the inscription had become difficult to read. A churchwarden, discovering that no faculty had been granted for the memorial, applied for a confirmatory faculty and for permission to have the inscription repainted in black. The Chancellor determined that it was appropriate to have a memorial inside the church to such a long-serving churchwarden, who had also served on the Parish Council. She granted a faculty subject to conditions regarding a better form of mounting of the memorial, the colour of the lettering, amendments to the wording and the method of fixing.

Re St. Andrew Thornhaugh [1975] Theodore Fitzwalter Butler Ch. (Peterborough)

The Parochial Church Council applied for a faculty to authorise the sale of a helmet which, since the early 17th century had hung over the tomb of the first Duke of Bedford. The Chancellor determined that he was unable to grant a faculty, for two reasons. Firstly, the PCC had no title to the helmet, as it belonged in law to the descendants of the first Duke of Bedford. Secondly, section 3 of the Faculty Jurisdiction Measure 1964 provides: "A Court may grant a Faculty to which this section applies (1) although the owner of the monument withholds his consent thereto or cannot be found after reasonable efforts to find him have been made... (3) no faculty to which this section applies shall be granted if the owner of the monument in question withholds his consent thereto, but satisfies the court that he is within a reasonable time willing and able to remove the monument … and to exercise such works as the Court may require to repair any damage to the fabric". In this case there was no evidence at the hearing as to who was or were the heir or heirs at law, and no evidence as to whether they gave or withheld their consent.

Re St. Andrew Thringstone [2013] Mark Blackett-Ord Ch. (Leicester)

Faculty granted for exhumation of cremated remains interred by mistake in a grave already reserved by Faculty. Order for costs against the incumbent, whose error in interring the remains in a reserved grave had given rise to the proceedings.

Re St. Andrew Thursford [2022] ECC Nor 1

The petitioners wished to remove 25 pews at the rear of the church to provide space and flexibility to equip the church for community events. They also sought to install a new stained-glass window in the Chad Chapel. Notwithstanding concerns from amenity societies about the design of the proposed new window, and concerns of the Victorian Society as to the number of pews to be removed, the Chancellor granted a faculty.

Re St. Andrew Tur Langton [2019] ECC Lei 5

A farmer and his son wished to install in the the churchyard a memorial to the farmer's late wife, comprising a small unpolished stone statue of a sheep on a plinth, inscribed in memory of the deceased and with the additional words “The Lord is my Shepherd”. The Chancellor granted a faculty.