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Alphabetical Index of all judgments on this web site as at 10 September 2024

Judgments indexed by Diocese:
2024 Judgments
2023 Judgments
2022 Judgments
2021 Judgments

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.

Re St. James Buxworth [2020] ECC Der 5

The petition sought approval for the removal of eleven pews from the back of the church (leaving five rows at the front) and their replacement with fifty metal, upholstered chairs and a number of tables with folding legs. The Victorian Society objected to the removal of the pews (or so many of them) and the replacement chairs. The Chancellor decided to permit the removal of only seven pew benches and the introduction of only 30 chairs and eight tables, the design of the chairs to be agreed with the Diocesan Advisory Committee and, in default of such agreement, by the Chancellor.

Re St. James Church Kirk [2019] ECC Bla 4

Blackburn Diocesan Board of Finance wished to transfer to Lancashire Museum Services a bell from the church, which had been closed four years previously. A local MP wrote to the Diocesan Registry to say that the bell should be retained in the church because a local group, the Church Kirk Regeneration Trust ("CKRT"), was in the process of completing an assessment of the site, after which they intended to develop proposals for the use of the church building. The Chancellor decided that the matter should not be left open indefinitely. He therefore made an order that the bell should be transferred to the Museum on loan for an interim period expiring on 31 December 2021. Three months before the expiry of the period, CKRT should submit written proposals for the bell for a further decision by the Chancellor. In the absence of any proposals, the bell should remain permanently with the Museum.

Re St. James Church Kirk [2022] ECC Bla 3

The petitioner, the Senior Church Buildings Officer for the Diocese of Blackburn, proposed the removal of the eight bells from the redundant church of St. James Church Kirk, and their reinstallation in the church of St. Cuthbert Over Kellet. St. James Church Kirk had been made redundant in 2016, since when it had been transferred to the Church Kirk Regeneration Trust for community use. Although there were nine objectors (none of whom became parties opponent), the Chancellor granted a faculty. He considered that the consistory court should favour a proposal that would "lead to bells being rung to signify the presence of a worshipping church in the community, and to invite local people to worship there, over one that does not".

Re St. James Daisy Hill Westhoughton [2020] ECC Man 2

The Chancellor granted a faculty to authorise a black granite memorial in the churchyard: " ... given the presence of so many examples of black granite memorials in this churchyard, it would in my judgment be unconscionable in this case to refuse consent for one more such memorial ..."

Re St. James Gorton [2015] Geoffrey Tattersall Ch. (Manchester)

The Chancellor refused to grant a faculty to authorise a shallow excavation in and around a late nineteenth century grave in Gorton churchyard, in order to establish whether the Moors Murderer Ian Brady buried something in a hessian sack in the grave.

Re St. James Heckmondwike [2019] ECC Lee 1

The petitioners proposed to remove the church's pipe organ (built in 1878), leaving the front of the casing and its decorative pipes, and to install an electronic organ within the old casing. The organ had not been regularly used for many years and was considered difficult to play. Also, the estimated cost of restoration of the organ was beyond the means of the Parochial Church Council. The space created by the removal of the organ would provide for a vestry and storage room. The British Institute of Organ Studies argued that the casing was an integral part of the organ and that the two should not be separated, though in fact the casing, which matched panels in the church, was a later addition in 1925. The Deputy Chancellor granted a faculty.

Re St. James in the City Toxteth [2021] ECC Liv 1

The church had fallen into a state of dereliction in the 1970s and had to be closed. In 2010 a trust was set up to improve the church and grow its congregation. By 2018 there was an average Sunday attendance of 150, but due to the state of the building and lack of heating, the congregation had to meet for worship in a marquee inside the church with portable heating. A major scheme of reordering was proposed, including heating and lighting, toilet and kitchen facilities and the creation of more floor space by the introduction of an upper floor at the west end. Of the amenity societies who were consulted, only the Georgian Group had objections to the proposals, principally concerning the proposed new upper floor space. The Chancellor granted a faculty, being satisfied that there was a compelling case for the improvements, which would support a now thriving congregation.