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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. Clement East Cheap [2013] Justin Gau Dep. Ch. (London)

During the course of a major redevelopment (authorised by Faculty) requiring the reordering of the interior of the church to add offices, with a kitchen and lavatories, all to be accessible to the disabled, human remains were discovered during the digging of a trench in the churchyard. Shortly afterwards, some human remains were uncovered inside the church. It being impossible to reinter remains in the closed churchyard, the Chancellor directed that all the remains be stored within the church until such convenient time as all the remains could be reinterred inside the church in the same area where the second set of human remains had been uncovered.

Re St. Clement Oxford [2019] ECC Oxf 5

A major reordering was proposed. The Victorian Society objected to the central pews in the nave being made moveable and to the proposal to replace the aisle pews with upholstered chairs. The Society also argued that some of the pew doors, removed at some time within the past 50 years without authority, should be reinstated. The Chancellor was satisfied that a case had been made for making the nave pews moveable, but made it a condition of the faculty that doors should be replaced on three rows of pews. He also approved the proposed replacement of the aisle pews with upholstered chairs, as well as the other items of reordering.

Re St. Clement Terrington St. Clement [2020] ECC Ely 3

The Chancellor considered four applications for faculties to reserve graves in the churchyard. The Chancellor was concerned that there were very few grave spaces left unoccupied, and that the Parochial Church Council had already applied for closure of the churchyard in six months time, which he considered premature. After discussing the approach of other Chancellors to applications for the reservation of graves, the Chancellor decided to grant reservations in two of the present applications, where the applicants were in their 60s and 70s, they were longstanding residents, and they had strong connections with the church. But he refused the other two applications, where the applicants were in their 30s and 40s, did not live in the parish and had little connection with the church. The Chancellor did not consider that having a relative buried in the churchyard was of itself a sufficient reason to grant a faculty to reserve a grave.

Re St. Cuthbert Amble [2014] Euan Duff Ch. (Newcastle)

In 2013, an Archdeacon's Licence was granted for a temporary reordering of the church by the removal of up to 10 pews at the rear of the church in order to create the opportunity for the Parish to experiment with the more creative and welcoming use of the space created. In 2014, an application was made for a faculty to authorise the permanent removal of the 10 pews, together with other works including installing a retractable projection screen and wiring for a portable projector; replacing the wooden panels in internal porch doors with clear safety glass panels etched with St. Cuthbert's cross; the installation of some stacking chairs; electrical works; and works outside the church. One objection was received. Faculty granted.

Re St. Cuthbert Etherley [2022] ECC Dur 5

The petitioner sought permission to inter the cremated remains of her mother in a grave containing the remains of two members of the family. She also wished to replace the existing worn memorial with a small stone to be laid horizontally on the grave, with a longer inscription in gold lettering and etchings of butterflies. The petitioner had in fact already had the memorial made without seeking permission first. The memorial was made of Corian, which is a man-made material, the primary use of which is for kitchen work tops.The colour was pinkish and flecked with other colours. The Chancellor granted a faculty for the interment of the petitioner's mother's remains, but refused to grant a faculty for the proposed memorial, as too many of its features were outside the Churchyards Regulations, including: the unsuitability of a man-made product and some of the words in the inscription; the colour; the gold lettering; and the overlong inscription (79 words on a stone measuring 1ft 8ins by 2ft).

Re St. Cuthbert Fishlake [2021] ECC She 4

The petitioner, aged 84, wished to reserve a grave in the churchyard. She did not live in the parish, but was baptised, confirmed and married at the church, and numbers of her relatives were buried in the churchyard, including her parents, grandparents and great grandparents. The Chancellor declined to grant a faculty, because there was limited grave space left; the Parochial Church Council had a policy of not supporting reservations, and they were concerned about managing a diminishing resource. However, the Chancellor felt confident that the petitioner's strong connections with the church would be properly taken into account at the time of her death.

Re St. Cuthbert Over Kellet [2021] ECC Bla 4

The proposal was permanently to remove the doors from 27 late-Georgian (1819) and three Victorian (1863) wooden box pews in the Grade II* listed church. The doors had already been temporarily removed under an Archdeacon's licence for temporary reordering. The main objectives were to make access to the pews easier and safer (especially for children) and to improve the visual appearance of the church. Objections were received from Historic England, the Ancient Monuments Society, the Victorian Society, and the Georgian Society. The Chancellor refused to grant a faculty. He was not satisfied that the petitioners had put forward a compelling case for the permanent removal of the pew doors: "I find that the permanent removal of the pew doors would result in harm to the historic significance and the fabric of this Grade II* listed church."

Re St. Cuthbert Over Kellett [2019] ECC Bla 1

The petitioners wished to remove items of redundant furniture from the Grade II* church, including a number of chairs, a litany desk and the pine pulpit. The pulpit had been relocated during the last interregnum, so that the presiding minister could more easily be seen preaching from a lectern and in order to free up space for major festival and school events. The proposal was to transfer the chairs to the vicarage, and to advertise the desk and pulpit in the diocesan magazine and, if there are no takers, to have them broken up. The Chancellor was satisfied that minimal harm would be caused by the removal of the items and he granted a faculty. He did, however, make it clear that the furniture to be transferred to the vicarage remained in the ownership of the churchwardens and could not be disposed of without further faculty.

Re St. Cuthbert Thetford [2021] ECC Nor 1

The Parochial Church Council wished to sell some items of Georgian silver, some of which were stored in Norwich Museum and some in Norwich Cathedral Treasury. The church had inherited the items ineeh 1970s from two nearby churches, which had been closed. The silver had been valued at £3000 to £4700 (less sale commission). The PCC wished to use the proceeds of sale towards the cost of a new lighting scheme for the church, which would cost over £8000. The Chancellor refused to grant a faculty, as he considered that the petitioners had not established a good reason for the sale. The silver had significance for Thetford and the petitioners had not shown any pressing financial emergency: "I am concerned that it is a case of wanting to use the financial worth of this silver for ‘something’, rather than any compelling financial need that demands the sacrifice of a church treasure."

Re St. Cyriac Lacock [2012] Justin Gau Ch. (Bristol)

The proposal was to sell to the British Museum a valuable fifteenth century silver cup which had been used as a chalice, but which in recent years had been on loan to the Museum. There was one party opponent. The Chancellor granted a faculty permitting the sale of the cup on condition that it would be sold only to the British Museum. He directed that a photographic record of the cup be made, along with a short history and that it should be displayed in the church. He also directed as a condition of the faculty that a copy of the cup be made for liturgical use.