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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. Dunstan Edge Hill [2014] Sir Mark Hedley Ch. (Liverpool)

A faculty was granted for the following works in respect of a late 19th century Grade II* church: “to take up and relocate the font; to introduce a new altar and Ambo; to remove and dispose of the existing nave altar and Lady Chapel altar; to install additional lighting; to remove and dispose of seven high-level metal halide light fittings; to box in the electrical services in the baptistery.” Faculty granted. The Chancellor determined that the proposed works would affect the character and significance of the building. However, he was satisfied that, in conjunction with the proposed liturgical development, the effect of the works would be to enhance that character and significance.

Re St. Dunstan Edge Hill [2021] ECC Liv 2

There was a petition for the removal and sale of the Willis pipe organ installed soon after the church was built in the late 19th century. The organ was in a poor state of repair, had not been played since 1985, and was now unplayable. The Bethany Presbyterian Church in Rochester, New York, had offered to purchase the organ and restore it to its original design. The Chancellor granted a faculty. Although the removal of the organ would result in serious harm to the significance of the building in terms of its historical and architectural interest, the benefit of having the organ restored to full working order far outweighed the alternative, that the organ would continue to deteriorate, if left in situ.

Re St. Dunstan Mayfield [2016] ECC Chi 1

The petitioners sought a faculty for a re-ordering of the chancel and north aisle, to include work to the floor, the removal of the choir pews and the relocation of some solid oak screens from the chancel to improve sight lines. The amenity bodies, for the most part, did not approve of the removal of the choir pews and relocation of the screens. The Chancellor found that, on balance, the public benefit would outweigh the likely harm that would ensue from the proposals and that it was therefore appropriate that a faculty should issue.

Re St. Edith Monk's Kirby [2022] ECC Cov 1

The petitioner wished to replace a severely damaged churchyard memorial, erected in about 1896, with a new memorial based upon the original design. The design was not within the churchyards regulations, being a stone cross upon three tiers of steps and with kerbs bearing an inscription around the edge. The person commemorated, Lady Mary Feilding, had been the founder of the Mary Feilding Guild, which promoted employment and suitable housing for ladies in need of some support. The Chancellor considered it appropriate to have a new memorial erected to the original design and granted a faculty subject to a condition (inter alia) that no chippings should be placed within the kerbs. He also gave permission for a plaque or inscription to be placed on the back of the memorial, setting out the year and reason for the installation of the replacement memorial, linked with the charitable legacy of Lady Mary Feilding.

Re St. Edmund Fraisthorpe [2019] ECC Yor 1

There was a proposal to fell two sycamore trees in the closed churchyard. Probably due to the very dry summer of 2018, the roots of one of the trees in question had caused ground shrinkage, resulting in the appearance of vertical cracks at the corner of the church building. There were three letters of objection, but no formal parties opponent. The Chancellor was satisfied as to the need to fell the trees and granted a faculty.

Re St. Edmund Kessingland [2020] ECC Nor 4

The petitioners, the rector and churchwardens, removed from the churchyard personal mementoes which had been placed on graves, and which the churchyards regulations did not allow. They then gave notice of removal, where possible advising the families concerned as to where they could collect the relevant items. The petitioners subsequently applied for a faculty for the disposal of the items not collected. There were two objectors, who became parties opponent, around 40 other written objections, and there was an online petition opposing the faculty. The Chancellor decided that the petitioners were entitled to remove the items, as required by the churchyards regulations, and that a faculty was needed for their disposal. The Chancellor therefore confirmed an earlier decision to grant a faculty, subject to there being no objections.

Re St. Edward King and Confessor New Addington [2013] Philip Petchey Ch. (Southwark)

Faculty granted for exhumation from  a husband's grave in England and reinterment in the grave of his wife in Australia. The judgment contains a discussion of the decisions in a number of "portable remains" and "family grave" cases.

Re St. Elphin Warrington [2016] ECC Liv 1

The proposed works as set out in the Petition included: "to reorder the chancel area to provide a raised platform which will be level with the current chancel steps; to provide a movable Nave Altar to be crafted from two redundant two-seater stalls; to provide a three sided dais complete with removable altar rails to allow people to kneel when receiving Holy Communion and to provide a stage area when hosting school concerts and choirs". The Victorian Society objected, but did not become a party opponent. On the basis that the applicants were motivated by a real desire to make the church more accessible both to the community and to the congregation in terms of their participation in the Liturgy, and that the proposals were completely reversible, the Chancellor granted a faculty.

Re St. Francis Meir Heath [2013] Stephen Eyre Ch. (Lichfield)

Faculty granted for the installation of solar panels on the south side of the roof of an unlisted church built in 1940 in the Arts & Crafts style.

Re St. Francis of Assisi Bournemouth [2020] ECC Win 1

The proposal was to install an audio-visual system in the church, to include a number of retractable screens and a camera. There were three letters of objection, stating that the screens would be detrimental to the character of the Grade II 20th century church; there was no need for permanent screens; the financial cost was not justified; and there were concerns about privacy and data protection. The Chancellor was satisfied that there was a genuine need for the screens and that what was proposed was the best option. He therefore granted a faculty.