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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. Hilda Hunts Cross [2023] ECC Liv 1

The petitioners wished to remove fifteen free-standing pews from the unlisted Victorian church and replace them with timber framed upholstered chairs, in order to provide a felxible space within the nave. The Chancellor granted a faculty. The pews did not appear to have any particular architectural or historical significance, and any harm caused by their removal was easily outweighed by the significant benefit which would be gained in having a modern flexible worship space.

Re St. James Alveston [2021] ECC Cov 4

The remains of two parents and their daughter were interred in a grave, the daughter having been the last to die. There was a grey granite memorial to the parents on the grave. The petitioner wished to take down the memorial, crop it and lay it flat on the grave, and then put at the head of the grave a new memorial of Westmorland green slate in memory of the daughter. The Diocesan Advisory Committee ("DAC") and the Parochial Church Council ("PCC") disapproved of the proposal. The Chancellor refused to grant a faculty. The DAC and the PCC did not support the proposal; the petitioner had not satisfied the Chancellor that the petitioner was the owner of the memorial to the parents; and Westmorland green slate would look out of place in the churchyard.

Re St. James Badsey [2010] Charles Mynors Ch. (Worcester)

The petitioner wished to install in the churchyard a vertical slab memorial surmounted by a Celtic wheel style cross, the total height of the memorial being 39 inches. The Chancellor refused to grant a faculty, but said that it would be appropriate for the incumbent to approve a stone of conventional shape with the incised design of a Celtic cross.

Re St. James Barkham [2023] ECC Oxf 7

The petitioner applied for a faculty to authorise the installation of a dark grey, unpolished, upright granite memorial to mark the grave of his late wife. The proposed memorial fell outside the scope of the churchyards regulations for the Diocese of Oxford. The design incorporated two carved hearts. The petitioner wished to have a design similar to the one for his mother's memorial (for which a faculty had been granted) just a few feet away from the petitioner's wife's grave. The Chancellor granted a faculty. A faculty had already been granted to the family for a similar memorial; there was room in the churchyard for only about 12-15 burials, so the chances of further applications for similar memorials was small; and there were pastoral reasons supporting the grant of a faculty.

Re St. James Brownhills [2020] ECC Lic 3

The petitioner wished to reserve a triple-depth grave for himself, his brother and his sister. The Parochial Church Council("the PCC") was opposed to the reservation of the grave, as it had maintained a policy of not supporting the reservation of gravespaces for at least forty years. The Chancellor found that there were exceptional reasons to allow the grant of a faculty: (1) the grave would be for three family members; (2) the graveyard already contained the graves of a number of members of the petitioner’s family; (3) there were concerns (undisclosed in the judgment) which were personal to the petitioner. The Chancellor also noted that, notwithstanding the policy of the PCC, members of the PCC were sympathetic to the petitioner's request.

Re St. James Bulkington [2018] ECC Cov 2

The petitioner wished to erect in the churchyard a memorial of dark grey granite, polished on the face only, with silvered lettering within an incised design of an open book; the inscription included the words "Beloved Husband, Dad and Grandad". The proposal also included kerb stones and a granite vase bearing the inscription "John" within the kerbs. The Deputy Chancellor determined that the memorial would not be out of place in this particular churchyard, bearing in mind other memorials nearby, and he granted a faculty, subject to the vase not bearing an inscription.

Re St. James Bulkington [2019] ECC Cov 1

The petitioner wished to place a memorial on her late husband's grave. Many of the details of the proposed design were outside the diocesan churchyards regulations, including: two coloured engravings, one of a robin and the other of a West Highland Terrier (to represent a deceased family pet); dark grey honed granite with a polished obverse side; gold lettering; the use of the words "Dad" and "Grandad" in the inscription; two flower holders in the base. The Parochial Church Council members unanimously did not support the proposal. Bearing in mind the context of the grave, which had near it other memorials with polished faces, the Deputy Chancellor did not approve the memorial design as proposed, but granted a faculty allowing: dark grey honed granite with a polished obverse side; white (rather than gold) lettering; the use of the words "Dad" and "Grandad" in the inscription; one flower holder only; the design of the dog, coloured white, but not the coloured design of the robin.

Re St. James Bulkington [2019] ECC Cov 3

The petitioner sought a faculty to authorise the exhumation of the remains of her daughter and husband from Bulkington churchyard, in Warwickshire, with a view to them being reinterred in the churchyard at Bacton in Norfolk. The petitioner's daughter had lived only one day and was buried at Bulkington fifty years ago. Her husband's cremated remains had been interred there nineteen years ago. Seven years ago, the petitioner, who had suffered serious health issues, had moved to Bacton to be near her family, and she wished in due course to be buried with the remains of her daughter and husband at Bacton, where her remaining family would be able to maintain the grave. She was concerned about being unable to visit the churchyard in Warwickshire regularly and maintain the grave there. The Chancellor, applying the principles laid down in Re Blagdon Cemetery [2002] Fam 299, could not find sufficient exceptional grounds in this case to justify the grant of a faculty.

Re St. James Burton Lazars [2019] ECC Lei 1

The petitioner's wife died in February 2018 and her body had been cremated. Her ashes had not been interred in the Garden of Remembrance in the churchyard. The Church had its own set of churchyards regulations, approved by faculty, which prohibited memorials to mark the interment of cremated remains. In April 2018, the petitioner reserved a grave for himself in the churchyard. He now wished to have a tablet in memory of his wife placed either on the grave he had reserved for himself, in anticipation of his wife being buried in the reserved grave after he himself had been buried in it, or on a cremation plot in the Garden of Remembrance, if his wife's ashes were buried there. The Chancellor refused a faculty, as he did not feel that the Petitioner had made a good case for an exception to the church's churchyard regulations. He pointed out, inter alia, that a memorial to the petitioner and his wife could be erected on the reserved grave after the petitioner's body and his wife's ashes had both been buried in it.

Re St. James Bushey [2022] ECC StA 1

A married couple had died, one of them in 1968 and the other in 1983, and a  memorial on their grave bore their names. One of their three children, a daughter, died in 2019 and her husband died in 2020, and their ashes had been interred in the same grave. The petitioner, the eldest child of the daughter, wished to add a second memorial recording the names of her own parents. The daughter's surviving two brothers objected, one becoming a party opponent, who was unhappy about his brother-in-law's ashes having been buried in the grave and his surname being on a memorial on the grave. The Chancellor granted a faculty, authorising the memorial with the compromise wording suggested by the petitioner, which would give both the married name and  maiden name of the daughter, to show the link between her and her parents.