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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 St. Bartholomew Arborfield [2022] ECC Oxf 7

The petitioners, who lived in Lincolnshire, wished to exhume from the churchyard of St. Bartholomew Arborfield in Oxfordshire the cremated remains of their son and only child, who died aged 6 from leukaemia in 1981. They wished to reinter his remains in a new family grave in the churchyard of All Saints North Cave in the Diocese of York, where many of his mother's relatives were already buried and where the petitioners wished their remains to be buried. The Chancellor granted a faculty. He considered that special circumstances existed which constituted good and proper reasons for making an exception to the normal rule that Christian burial was final, including (inter alia) the absence of any connection between the child and Arborfield; the petitioners having had no settled home at the time of their son's death; the intense grief of the petitioners at his death and the pressure to have his remains interred as soon as possible; and the desire to create a family grave.

Re St. Bartholomew Areley Kings [2018] ECC Wor 1

A stonemason had placed a memorial in the churchyard without the authority of the incumbent or a faculty. The Rector and PCC objected to the memorial, and the stonemason applied for a faculty for its retention. The memorial was outside the regulations in that the memorial was not flush with the level of the ground and at a slight sloping angle (the rear edge was higher above the ground than the front edge) and the face of the stone was polished. However, the Chancellor granted a faculty on the basis that, " ... the lack of uniformity in the immediately surrounding area means that the extent of that non-compliance is not sufficient to justify ordering the removal of the memorial."

Re St. Bartholomew Areley Kings [2018] ECC Wor 2

The church's reredos comprises three painted panels. The central panel features ears of corn and a vine and grapes, and those to either side feature St Andrew and St Cecilia. The panel was originally placed under the east window in 1920, but during the intervening period had at various times been moved to other parts of the church. The petition proposed the conservation of the reredos and its reinstallation in its original position, but slightly higher on the east wall of the chancel, which would partly obscure the east window. The Chancellor granted a faculty for the conservation of the panels, but was not prepared to authorise the return of the reredos to the east wall until satisfied that there was a scheme for its location that worked in detail both when the altar table as up against the east wall and when it was brought forward.

Re St. Bartholomew Areley Kings [2022] ECC Wor 2

The petitioner's daughter had died in tragic circumstances at the age of 23. The petitioner wished to have her daughter's ashes interred and a four feet high memorial stone erected in a part of the churchyard where the memorial could be seen from the petitioner's home. Although there was a churchyard policy that only flat stones should be allowed to mark cremated remains, the proposed location for the interment and memorial was away from the area where cremated remains were normally interred, and where there were other large memorials. The Chancellor determined that the pastoral reasons given for allowing the proposal were sufficient to justify permission being granted for the erection of the monument.

Re St. Bartholomew Binley [2013] Stephen Eyre Ch. (Coventry)

Faculty granted for the installation of a projector and screen in a Grade I listed Georgian church, the screen to be housed in a box across the sanctuary arch.

Re St. Bartholomew Brighton [2020] ECC Chi 2

The churchwardens had made arrangements with the church architect and a contractor to install kitchenette facilities in a passage bounded on one side by the main wall of the church and on the other side by the remaining wall of a neighbouring cottage, long since demolished. When the work was almost completed, it was drawn to the attention of the Chancellor, who directed that an application should be made for a confirmatory faculty. In granting a faculty, subject to conditions, the Chancellor made it clear that these new works did not come within the list of works which could be carried out without faculty and that what had already been done had been carried out unlawfully. He directed that the costs of the application should be shared between the churchwardens, the architect and the contractor.

Re St. Bartholomew Bristol [2024] ECC Bri 1

In 2017 and 2018, two items of work had been carried out at the unlisted late Victorian church without the authority of a faculty, namely, the removal of a porch and the replacement of the wooden entrance doors with a pair of glass panelled doors. The petitioners applied for a confirmatory faculty. Though disappointed at the parish’s initial failure to co-operate with his enquiries as to how and why the works had been carried out without faculty, which was rectified by the appointment of new churchwardens, the Chancellor accepted the apologies of the new petitioners and granted a faculty.

Re St. Bartholomew Failand [2019] ECC B&W 1

The Rector and churchwardens wished to replace the gravel between the churchyard gate and the main entrance of the church with stone to match the stonework of the church. The Diocesan Advisory Committee advised the Chancellor that Forest of Dean or Welsh Pennant stone should be used, whereas the Rector and churchwardens wished to use the less expensive Indian sandstone. After considering further advice from the church architect and a member of the DAC, the Chancellor was concerned that "Indian sandstone blends less comfortably with the weathered stone of the church". He therefore granted a faculty subject to a condition that Forest of Dean or Welsh Pennant stone should be used.

Re St. Bartholomew Horley [2010] Philip Petchey Dep. Ch. (Southwark)

The petitioner wished to exhume the cremated remains of her late father and reinter them elsewhere in the same churchyard in the grave of her mother, who died one year after her father. The Chancellor considered that there were special circumstances which allowed him to grant a faculty.

Re St. Bartholomew Kirby Muxloe [2015] David Rees Dep. Ch. (Leicester)

The petitioners wished to remove a stone font introduced in the early part of the 20th century to the Grade II* listed church, which dates from around 1300. The proposal was to replace the stone font with a new font of modern design. The new font was to be moveable, so as to permit the freeing up of space at the west end of the church, when required for activities other than baptism. Despite reservations as to the design, and the fact that the new font had been made and used before the matter got to a hearing, the Chancellor granted the faculty.