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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. 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 fromĀ  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.

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 Brailes [2024] ECC Cov 2

The Parochial Church Council wished to install an oil condenser boiler in a position outside the church which would be screened from view. The new boiler would replace a boiler system installed in 2019, which by 2022 had become unusable. Attempts had been made to correct defects, but without success. In spite of an objection to the contrary, the Chancellor was satisfied that the PCC had considered alternative eco-friendly options. An electrical heating system was not possible as the electricity supply to the church was inadequate. Although oil would be used for the new boiler system, the PCC envisaged converting to biofuel when available. The Chancellor granted a faculty for 5 years, with liberty to apply at the end of that period for an extension, when consideration would be given as to whether biofuel or an improved electrical supply would be available at that time.