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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. Francis of Assisi West Wickham [2015] Philip Petchey Ch. (Southwark)

A faculty was granted for the replacement of the church light fittings installed in 1970 with a combination of 'wall washer' lights and fixed lights.

Re St. Gabriel Walsall [2016] ECC Lic 1

The Petitioner wished to have her late husband's remains exhumed and reinterred in a churchyard nearer to where she now lived, her reason for the request being that she now found it difficult to visit her husband's grave. Applying the principles laid down by the Court of Arches in Re Blagdon Cemetery [2002] Fam 299, the Chancellor refused to grant a faculty.

Re St. George Benenden [2013] Morag Ellis Comm. Gen. (Canterbury)

Faculty granted for the installation of a handrail to the wall of the spiral staircase leading to the ringing chamber of the church tower, the handrail to be made of polypropylene with an outer rope covering. A similar handrail had previously been fitted without authority and had been removed by direction of the Commissary General on health and safety grounds, on an application of the Archdeacon, due to poor fixings.

Re St. George Chorley [2017] ECC Bla 12

The widow of the former priest who died in office applied for permission to have her husband's ashes interred in a granite casket resting on a concrete slab below the base and to the west of the newly re-positioned font in the baptistery at the eastern end of the south aisle of the church and to erect a white marble plaque set within a timber surround above the casket, which would sit flush with the surrounding timber boarded floor. The Chancellor was satisfied that (1) the interment inside the church would not set a precedent, as the PCC would only support interment in church in the case of the death of a priest in office and (2) the priest's service and the affection in which he was held satisfied the test applicable to the introduction of a memorial plaque into the church.

Re St. George Clyst [2002] Sir David Calcutt Ch. (Exeter)

The Rector and Churchwardens applied for a faculty for the installation of a WC in the north-west corner of the church, the replacement of the pipe organ with an electronic organ, the re-siting of some pews, and the rearrangement of some windows. The only contentious item was the removal of the pipe organ to accommodate the WC facilities. The pipe organ had been installed in the 1950s and was of doubtful provenance. The Chancellor granted a faculty.

Re St. George Crowhurst [2014] Mark Hill Ch. (Chichester)

The Petitioners (the Rector and Churchwardens) sought a faculty to authorise the removal of a panel fence erected by neighbours on what was alleged to be churchyard land; to authorise the erection of a post and rail fence within the churchyard boundary; to give a direction as to the ownership of a stone retaining wall on the boundary and as to the responsibility for its maintenance; and to authorise the implementation of recommendations contained in a report from a company of tree consultants concerning trees and shrubs near the boundary. In the course of the proceedings the Objectors withdrew their claim that the fence they had erected was not on churchyard land and removed the fence. A declaration was given that the retaining wall belonged to the churchyard, and the petitioners were given leave to erect a post and rail fence and plant a double width yew hedge on the churchyard side of the new fence. At the end of the judgment is an additional judgment as to costs.

Re St. George Donnington [2016] ECC Chi 7

The Chancellor granted a faculty authorising the erection of an extension to the church to provide toilets and storage space. Access to the new facilities would be via the existing north door to the church and thus there would be no impact on the existing interior of the Grade I listed church.

Re St. George East Worthing [2015] Ruth Arlow Dep. Ch. (Chichester)

The Vicar and Churchwardens petitioned for a faculty to permit the creation of a new servery, the removal of a timber narthex screen from the rear of the church and improvements to the toilet facilities. Objections were received from English Heritage and the Church Buildings Council in relation to the removal of the narthex screen. The guidelines contained in the Court of Arches judgment in Re St. Alkmund Duffield [2013] were considered by the Deputy Chancellor. Faculty granted.

Re St. George Fatfield [2021] ECC Dur 4

The petitioners, husband and wife, wished to reserve a grave in the churchyard. They did not live in the parish or regularly attend the church, and therefore did not have a legal right to be buried in the churchyard. The reason for their application was that a number of relatives were buried in the churchyard. There was a limited number of grave spaces left in the churchyard. The Chancellor determined that, with few grave spaces left, the rights of the parishioners would be prejudiced by the grant of a faculty, and he therefore declined to grant one.

Re St. George Fatfield [2021] ECC Dur 5

The petitioners, husband and wife, wished to reserve a grave in the churchyard. They did not live in the parish or attend the church, and therefore did not have a legal right to be buried in the churchyard. The reason for their application was that their son and daughter-in-law had reserved a grave next to the plot which the petitioners wished to reserve. There was a limited number of grave spaces left in the churchyard. Although the petitioners had some historic links with the parish, the Chancellor determined that, with few grave spaces left, the rights of the parishioners would be prejudiced by the grant of a faculty, and he therefore declined to grant one.