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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. George Woolhope [2020] ECC Her 2

Part of the cremated remains of the petitioner's late partner had been interred in the churchyard and part in a grave reserved in the cemetery by the petitioner. The petitioner applied for permission to exhume the ashes in the churchyard and reinter them in the grave in the cemetery. The petitioner's estranged daughters had been under the impression that all the ashes had been interred in the churchyard, in accordance with the deceased's wishes. One of the daughters, on discovering what had happened, petitioned to have the deceased's ashes exhumed from the cemetery and reinterred in the churchyard. The petitioner thereupon sought an amendment of his petition to preserve the status quo. The Chancellor decided that the status quo should be maintained, there being no sufficient justification for allowing either exhumation.

Re St. George's Minster Doncaster [2020] ECC She 2

The proposed works included the installation of four toilets and a foldaway servery at the east end of the north aisle of the Grade I listed church. The works required the removal of 18 pews with associated pew platforms, together with the removal of central heating and pipework from the pews. The floor would be excavated and a new floor laid with underfloor heating installed. Two memorial features would need to be relocated. The Victorian Society, whilst accepting that some pews needed to be removed, regarded 18 as too many. The Chancellor was satisfied that the petitioners had made a good case for the proposals, which would provide some much-needed basic facilities, and granted a faculty.

Re St. German’s Cathedral Peel [2024] EC Sodor 2

This was an application for a retrospective faculty for the installation of a series of sculptures in 14 gardens created in the cathedral grounds under the authority of a faculty in 2012, in order to show developments in the Isle of Man’s history from the time of St. German to the 20th century. The sculptures, which were not authorised under the 2012 faculty, were accompanied by QR codes linking information about the significance of each of them. The Vicar General had to consider (inter alia) whether it was appropriate to have a sculpture of an identifiable living individual within the precincts of the cathedral. He decided that the sculpture was not intended to commemorate the person concerned as an individual, but rather to use his head as representative of a typical Manx schoolchild. He therefore granted a faculty for all of the statues.

Re St. Giles Ashtead [2021] ECC Gui 1

The petitioners' father died in 1998 and his cremated remains were interred in the southern end of the churchyard, near the grave of his grandparents. The petitioners' mother died in 2020, having made a codicil to her will, in which she expressed a desire to be buried and not cremated. She was buried in the burial area at the northern end of the churchyard. The petitioners now wished to move their father's cremated remains to the grave of their mother, in order to fulfil the hope expressed by their mother in the codicil that her husband's remains might be taken up and buried in her grave. The Chancellor did not consider that there were exceptional reasons to justify the grant of a faculty for exhumation and reinterment: "Mr Cooper is already buried close to family members and so the family grave consideration does not give rise to exceptional circumstances. "

Re St. Giles Chesterton [2013] Stephen Eyre Ch. (Coventry)

Faculty granted for repairs to tower louvres. One objector with reservations about the operation of the faculty system and as to the quality of works commissioned by the Parochial Church Council. Chancellor satisfied that the works were needed and that the proposed manner of performing them was appropriate

Re St. Giles Exhall [2020] EACC 1

Leave to appeal granted by the Dean of the Arches in respect of a decision by the Chancellor not to allow a Gaelic inscription on a memorial unless accompanied by an English translation.

Re St. Giles Exhall [2020] ECC Cov 1

The petitioner's parents had both been born in the Irish Republic and had been active in serving the Irish community, both in Coventry and nationally. Following her mother's death, the petitioner sought a memorial, of which the significant features would be a Celtic Cross (which would extend beyond the top of the memorial) containing an emblem of the Gaelic Athletic Association,  and the Irish Gaelic words “In ár gcroíthe go deo”, meaning “In our hearts forever”. The Chancellor took the view that a cross protruding above the memorial would have had a 'jarring impact' on the churchyard as a whole and that an incised cross would be more appropriate, to which the petitioner agreed. However, the Chancellor refused to allow an inscription in Gaelic without a translation, which would be incomprehensible to most people visiting the churchyard, and might be misconstrued as a slogan or political statement. He therefore granted a faculty for a memorial with an incised cross and for the Gaelic words to be included, provided that an English translation was also inscribed.

Re St. Giles Exhall [2021] EACC 1

This was an appeal against a decision of the Chancellor of the Diocese of Coventry (in Re St. Giles Exhall [2020] ECC Cov 1), who granted a faculty for a memorial which included a short inscription in Gaelic, but subject to a condition that there should be an English translation beneath the Gaelic inscription, to which the petitioner and her family objected. The Court of Arches heard the appeal on 24 February 2021 and  announced the same day its decision to allow the appeal, reserving its reasons to a written judgment, which was delivered on 16 June 2021.

Re St. Giles Killamarsh [2018] ECC Der 2

The church was in need of major repairs to the building and the drains. The Chancellor was content to approve the proposals, but highlighted that there was a major defect in the procedure, in that the public nnotice did not inform the public of the nature of the works but simply described the works as: ‘To undertake repairs and refurbishments in accordance with the Schedule of Works ref 1403A prepared by Jane Holt Architect 16.02.18 and accompanying drawings numbered…….’ The Chancellor required fresh public notices listing the main items of work proposed, but granted a interim faculty authorising the works to proceed, but with a requirement for the works to cease if any objection was received in response to the public notices.

Re St. Giles Lincoln [2006] Peter Collier Ch. (Lincoln)

The Chancellor granted a faculty to allow the sale of a painting of the Ascension, by the 18th century Italian artist Vincenzo Damini. The painting was originally in the church of St. Peter-at-Arches, Lincoln. That church had been demolished and the painting was transferred to St. Giles Church before it opened in 1936. The Chancellor was satisfied that a case had been made for the disposal of the painting, for which the parish did not have suficient sources to secure adequately in the church: "In order for me to grant a faculty the Petitioners must persuade me on the balance of probabilities that some good and sufficient ground has been proved. A good ground is a “special reason”. I am satisfied that the special reason here is the fact that there is no longer a meaningful relationship between the church of St Giles and the painting. I am also satisfied that in the present financial circumstances of this church, that ground is a sufficient ground, notwithstanding that the painting may be lost to Lincoln."