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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. Lawrence Wick [2013] Timothy Briden Ch. (Bath & Wells)

Faculty refused for the reservation of a grave space for the petitioner's children, none of whom had a legal right to be buried in the churchyard. The PCC objected on the ground that the grave would be in the way of a proposed extension to the churchyard, and the Team Rector, for the same reason, would not give consent. The Chancellor stated that, where a person does not have a legal right of burial, the consent of the incumbent is required.

Re St. Lawrence Wootton [2013] Christopher Harvey Clark Ch. (Winchester)

From the 17th century until 1969, a spiked helmet with visor (an 'armet') had hung from a bracket in the church. For security reasons, it was then placed in a bank vault. In 1974 a faculty was granted to allow the armet to be placed on indefinite loan with the Armouries of thw Tower of London. It was subsequently moved with much of the Tower Armouries collection to the Royal Armouries Museum in Leeds in 1996. In 2010 the Parochial Church Council was short of funds and wished to sell the armet. The consent of heirs at law was obtained. The Chancellor decided that financial justification for sale was proved by the Petitioners, and he therefore granted a faculty. [There was a subsequent appeal by the Church Buildings Council against the sale, and the Court of Arches allowed the appeal.]

Re St. Lawrence Wootton [2013] Christopher Harvey Clark Ch. (Winchester)

From the 17th century until 1969, a spiked helmet with visor (an 'armet') had hung from a bracket in the church. For security reasons, it was then placed in a bank vault. In 1974 a faculty was granted to allow the armet to be placed on indefinite loan with the Armouries of thw Tower of London. It was subsequently moved with much of the Tower Armouries collection to the Royal Armouries Museum in Leeds in 1996. In 2010 the Parochial Church Council was short of funds and wished to sell the armet. The consent of heirs at law was obtained. The Chancellor decided that financial justification for sale was proved by the Petitioners, and he therefore granted a faculty. [There was a subsequent appeal by the Church Buildings Council against the sale, and the Court of Arches allowed the appeal.]

Re St. Leodegar Hunston [2023] ECC Chi 1

The Chancellor refused to grant faculties for the reservation of two separate grave spaces in the churchyard, notwithstanding that the applicants had connections with the church. The churchyard was likely to be full within 5 years. The Chancellor said that the remaining spaces must be filled by the burial of individuals with a right of burial or a strong connection with the church in the order in which they die, until such time as the churchyard becomes full.

Re St. Leonard Alton [2019] ECC Lic 10

The petitioner wished to place a memorial on the grave of his late wife. The Diocesan Advisory Committee did not approve of the design, a bronze plaque on a rough-hewn, wedge-shaped, local stone, as not befitting the setting. It also considered the inscription (which included a verse by Byron) too lengthy and over-personal. The Chancellor saw no reason to disallow the design of the memorial, but was concerned about the inscription. He determined to grant a faculty, subject to the Petitioner agreeing a suggested alternative inscription set out in the judgment, omitting the proposed verse or including an alternative verse from Holy Scripture or classical Christian poetry or hymnody.

Re St. Leonard Badlesmere [2020] ECC Can 3

The priest-in-charge and churchwardens sought a confirmatory faculty for replacement of the nave and chancel ceilings and partial redecoration of the interior of the church, including the reredos panels. The plaster used included synthetic fibres, rather than traditional horse hair, and a modern paint had been used instead of limewash. The Commissary General considered that there was some minor harm to the significance of the Grade II* building, but accepted the expert evidence that it would do more harm than good, in physical terms, to strip out the work and start again. She accordingly granted a confirmatory faculty, subject to a condition that the work done should be monitored and reported on annually by the church architect for a period of ten years.

Re St. Leonard Beoley [2015] Charles Mynors Ch. (Worcester)

The Chancellor refused to grant a faculty to authorise the temporary removal from the vault beneath the Sheldon Chapel of a skull, possibly that of William Shakespeare, to enable the carrying out of a detailed archaeological investigation to include laser scanning, radio carbon dating, and an anthropological assessment. The Chancellor found no scholarly or other evidence to support the story that the skull was that of William Shakespeare.

Re St. Leonard Birdingbury [2018] ECC Cov 1

When the petitioner was 16 years old, her mother had died. Five years later she wished to install a memorial over her mother's grave. She approached a local stonemason, chose a design, and the stone was erected at the grave. The petitioner had been unaware that permission was needed to erect the memorial, and the mason did not check that permission had been obtained before erecting the memorial. The memorial was an oval shaped grey slate stone on a rectangular base with an incised trough planter. At one side of the base was an image of a bumble bee and on the other side a Celtic cross. There were objections to the stone. The petitioner applied for a faculty to retain the stone. The two churchwardens became parties opponent. After considering the approaches of other Chancellors in a number of other judgments, the Chancellor decided not to grant a faculty and that the stone should be removed. He indicated that if the petitioner chose a stone within the churchyards regulations, he would permit the designs of the bumble bee and Celtic cross and the same inscription, subject to part of the inscription being in quotation marks (for reasons which will be apparent from the judgment).

Re St. Leonard Blithfield [2014] Stephen Eyre Ch. (Lichfield)

The Petitioners sought to reserve a grave in the churchyard next to the grave of their daughter. The priest in charge and churchwardens became parties opponent, objecting to the reservation on the grounds that the PCC had for many years had a policy of resisting the reservation of gravespaces and of operating a “first come first served” approach, which many parishioners had followed. The Chancellor refused to grant a faculty on the basis that, where there was a long-standing PCC policy in place, he should not override that policy unless there was an exceptional reason for doing so. To grant a faculty in this case "would be to create the risk of real injustice to others who in circumstances of loss have themselves accepted the existing policy".

Re St. Leonard Hythe [2022] ECC Can 1

An application had been made by a private individual for a restitution order against the Archdeacon, requiring him to replace the pews which had been removed from the church in the summer of 2020, on the grounds that their removal was not permitted by a licence for temporary minor reordering, and was therefore unlawful. The Archdeacon had not actually given permission for the pews to be removed. They had been removed by the Churchwardens and Parochial Church Council (PCC), who subsequently undertook to return the pews to the church in October 2021, but did not do so until December 2021. The Commissary General gave directions for the Archdeacon to be removed as the respondent and replaced by the Churchwardens and PCC. The Commissary General also considered it appropriate, in the interests of certainty, to issue a restitution order, and he directed that the new respondents should pay the costs of the application and of the hearing.