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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 Swarkestone [2019] ECC Der 2

The proposals included an extension to provide an accessible WC and external door lobby and adaptations to the existing meeting area (formerly a vestry) to include a kitchen, separated off by glazed screens from the rest of the church.  A water supply and sewerage system were required. The Chancellor was satisfied that the proposals were desirable and appropriate for the church and granted a faculty.

Re St. James the Apostle Islington [2015] Nigel Seed Ch. (London)

Proposals for re-ordering of the unlisted Victorian church comprised three items, only one of which was contentious, namely, removal of the existing altar dais and raised flooring in the sanctuary, mounting the altar on castors, and laying a new level floor with a parquet surface throughout the chancel. The intention was to create a more flexible area in the chancel for worship and for musical performances. Faculty granted.

Re St. James the Apostle Islington [2016] ECC Lon 2

The hearing in this case was supplemental to a faculty application determined by a hearing in January 2015 (see Re St. James the Apostle Islington [2015]), when the Chancellor granted a faculty for works to (inter alia) the chancel of the church. The present application also contained matters relating to the chancel. Two objectors in this case raised objections to the lighting only. The Chancellor ruled that the objections related only to procedural irregularities and not to the merits of the proposals. He therefore granted a faculty for all the additional works.

Re St. James the Great Dauntsey [2021] ECC Bri 2

A churchwarden, on seeing that a medieval stained glass window of the Grade I church was bulging, arranged for its immediate removal and repair, without there being an application for an emergency faculty. Upon discovering that the work was being carried out, the incumbent applied for a confirmatory faculty. The Chancellor granted a faculty for the work and also for similar work to be carried out on any other windows identified as being in need of repair.

Re St. James the Great Flockton [2016] ECC Lee 4

The Chancellor granted a faculty, firstly, to give retrospective approval to the internal redecoration of the church already carried out and, secondly, to permit the disposal of miscellaneous artefacts from the church, including a bier, a 'spare' reredos, a number of redundant pews and a side altar. The Chancellor dealt with the matter by written representations, rather than by a hearing, as he considered that none of the items could be described as a 'church treasure'.

Re St. James the Great Gretton [1990] Thomas Coningsby Ch. (Peterborough)

A quinquennial report in 1986 recorded a serious state of deterioration of the stonework of the church. The church raised £30,000 and spent it on repairs. However, the tower was in a serious condition and an estimate of £140,000 was given for repairs to the tower alone. The Parochial Church Council of the small parish was unable to find the money for the urgent repairs and sought to sell two silver flagons, valued at £25,000, to help them to deal with the emergency. The Chancellor decided that, in order to meet the emergency, the sale of the flagons should be allowed, and he therefore granted a faculty for the sale of the silver.

Re St. James the Great Haslingden [2019] ECC Bla 3

The petitioners sought permission to renew the 'plastic' protective coverings to the windows on the two levels of the Georgian church building. The Georgian Group suggested that wire mesh grilles would allow better ventilation. The Chancellor was satisfied that the question of ventilation had been addressed by the contractors, and he therefore granted a faculty as requested.

Re St. James the Great Radley [2024] ECC Oxf 5

The petitioner wished to reserve a grave next to the grave of her late husband in the churchyard at Radley. She had originally approached the incumbent about reserving a space immediately after her husband had died, before the Parochial Church Council (PCC) subsequently decided that there should be a policy of no further reservations and she had understood that the reservation would not be a problem. The incumbent and PCC in fact supported the reservation. The Chancellor granted a faculty, even though it was estimated that there was only sufficient space in the churchyard for burials within the next three years. The petitioner had resided in the parish for over 50 years, and her family had strong connections with the church, and many members of the family were buried in the churchyard. Furthermore, the petitioner being part of the Romany Community, which believed in burial, cremation was not an option. Also, the PCC was actively looking at options for further burial space within the parish.

Re St. James the Great Radley [2024] ECC Oxf 7

In August 2024, the Chancellor had granted a faculty for the reservation of a grave space for a Mrs. Bowers, even though there were only enough graves left for the next three years. At the same time as Mrs. Bowers had applied to reserve a grave, a Mrs. Parke, aged 83, who had lived in the parish for 25 years, had applied to reserve a grave next to the grave of her husband, but the processing of her application had been delayed for various reasons. Since the granting of the faculty to Mrs. Bowers, the Parochial Church Council (“PCC”) had discussed passing a resolution not to support any further reservations. In fact no resolution had been passed, and the matter was on the agenda for the PCC meeting in November 2024. The Chancellor decided in the circumstances it would not be appropriate to treat Mrs. Parke’s application other than in the same way as Mrs. Bower’s application, and he therefore granted a faculty, subject (inter alia) to a condition requiring the PCC to pass a resolution not to support any further grave space reservations.

Re St. James the Greater Romanby [2024] ECC Yor 2

The petitioners wished to remove all the pews from the Victorian Grade II church and replace them with Treske chairs. There were two local letters of objection, it being alleged that the removal of the dark pews would strip the church of its individuality and the contrast in its interior. After considering the questions raised in Re St. Alkmund Duffield (2013) Fam 146, the Chancellor concluded that, whilst the removal of the pews would cause moderate harm to the church, the resulting public benefits justified the grant of a faculty.