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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. 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 Colne [2025] ECC Bla 1

The Rector and Churchwarden sought a faculty to regularise the installation of four infra-red heaters in the north aisle of the church, the subject of an interim faculty, and also to make permanent some minor reordering carried out under an archdeacon’s licence, namely, the removal of four pews, a pew frontal, and two altar rails from the north chapel and the installation of free-standing shelving and refrigerators as storage for the church’s food bank. The Victorian Society and Historic Buildings and Places objected to the proposals to remove the four pews, pew frontal and the altar rails from the north chapel. The Chancellor granted a faculty, being satisfied that the petitioners had made a clear and convincing justification for the proposals in terms of the resulting community and missional benefits. The faculty was subject to a condition that the four pews, their pew frontal, and the two altar rails should all be retained within the church building or in the adjacent Parish Rooms.

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.

Re St. Bartholomew Leigh [2016] ECC Swk 4

The petitioners wished to fell an 18m tall Giant Redwood tree in the churchyard. There was one objector, who did not wish to become a party opponent. The local authority approved the felling of the tree. The Chancellor granted a faculty.

Re St. Bartholomew Leigh [2021] ECC Swk 6

The proposals were to extend the church tower to the south, to the depth of the existing exterior buttresses, to allow for the internal fitting of a WC and a tea point. An access for the disabled would also be created. There were eight objectors, none becoming parties opponent. The Chancellor was satisfied that the petitioners had made a good case for the proposals, and he granted a faculty.