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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 St. Andrew Rippingale [2015] Mark Bishop Ch. (Lincoln)

The parish council decided to make a donation for the laying of cabling in the churchyard for external lighting to the church, and an external power point for Christmas lights. The work was carried out without faculty by an electrician who was a member of the parish council and also a  member of the PCC. The petition sought an order in respect of the unauthorised laying of the cable. In his judgment, the Chancellor emphasises the need for observance of the faculty jurisdiction, in view of such matters as the risk of disturbance of human remains; the need to give parishioners an opportunity of objecting; the need for planning permission; and insurance and safety issues.

Re St. Andrew Rippingdale [2024] ECC Lin 5

Notwithstanding that the incumbent had advised a firm of stonemasons that a faculty would be required, the firm commenced extensive works of restoration of a memorial - the existing headstone and kerb had been removed and there was a large concrete slab installed, all without permission. The Chancellor granted a faculty but asked the stonemasons to undertake a review of the training they give to masons about the Churchyard Regulations and the delegated authority given to the clergy to authorise memorials, and the requirement for faculties granted by Archdeacons or the Chancellor for other works in the churchyard.

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.