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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. Luke Middlestown [2018] ECC Lee 1

The petitioners were the priest in charge and a churchwarden of an unlisted church built in 1974. Their proposal was to remove 18 pews and introduce 100 wooden chairs with red upholstery. The DAC did not recommend the proposal, stating that the chairs were heavy and would be difficult to move, and the dark red upholstered chairs would be detrimental to the light levels and appearance of the church interior. At a visit to the church and to a neighbouring church, which already had the same type of chair as that proposed, the Chancellor was satisfied that the chairs were not too heavy or difficult to stack. Moreover, the existing pews (acquired from another church) were painted with a yellowish colour and were looking chipped and tired, and they easily slid on the parquet floor, if leaned on. The Chancellor was satisfied that the chairs were a better and more comfortable alternative to the pews and he therefore granted a faculty.

Re St. Luke Norland [2003] Peter Collier Ch. (Wakefield)

Having already granted a faculty to authorise the replacement of pews with chairs and the removal and disposal of the pulpit and the font, the Chancellor delivered this judgment to explain his reasons for granting the faculty. The reason for the proposals was to enable the church to accommodate two children's groups which had previously met in a now dilapidated building in the churchyard. The pews were plain and had no particular value historically or artistically; the pulpit  was freestanding and not original to the building, being dated 1924; and the font had been heavily painted with a matt cream paint which had obscured its decorative features. Neither the pulpit nor the font were of historic value.

Re St. Luke Southport [2020] ECC Liv 2

A faculty was sought for the installation of glazed timber screening to the south side transept chapel; disabled access to the chapel; and a new heating system; as well as a confirmatory faculty for the installation of a Frank Bodley reredos above the altar, which had been donated from a redundant church in Liverpool. The Chancellor granted a faculty. He was satisfied that the screening of the chapel, whilst constituting some modest harm to the building, would not cause a significant impact, and the work would be reversible in the future, if the need arose. Also, any harm would be outweighed by the benefit of having a useful small worship or meeting space which was economic to heat.

Re St. Luke Tutshill [2017] ECC Glo 1

The Rector and Churchwardens petitioned to install a heraldic hatchment with the coat of arms of the Collins family of Adlestrop Park in the nave or in the north transept of the church. There were already in the church three hatchments of the Leigh family, who had owned Adlestrop Park from 1553 until it was sold to the Collins family during the last century. A parishioner objected that "Church hatchments were to mark the death of a ‘Lord of the Manor’ ... only a family which has strong ties over several generations should have such a display.”  The Chancellor was satisfied that hatchments, if displaying legally authorised Coats of Arms, can still with sufficient reason be introduced by Faculty. [Note: Jane Austen is believed to have regularly visited Adlestrop.]

Re St. Lupus Kirk Malew [2020] EC Sodor 1

The petitioner applied for a faculty to put kerbs around her late husband's grave. Footings for the kerbs had already been laid without a faculty first being obtained. Although there were several sets of kerbs in other parts of the churchyard, a decision had been made by the church in 1987 not to allow kerbs in the particular row where the petitioner had applied to reserve a grave, because the path at the foot of the graves narrowed, and to allow kerbs along the row would ultimately restrict the path and inhibit access for maintenance machinery. The widow had agreed at the time she reserved the grave that kerbs would not be allowed. The Deputy Vicar General dismissed the petition and directed that the kerb footings should be removed.

Re St. Margaret & All Hallows Orford [2021] ECC Liv 5

The petitioner wished to have the cremated remains of her father, who died in 2000, exhumed from Orford churchyard and reinterred? in the grave of her mother, whose ashes had been interred in Warrington Cemetery about 18 months before the death of the petitioner's father. The petitioner's mother had been a Roman Catholic and her father had been an Anglican. The petitioner claimed that, at the time of her father's death, the family mistakenly thought he had to be buried in an Anglican grave. She also stated that the family now wished to have the couple united in a family grave. The Chancellor decided that there were no exceptional circumstances to justify the grant of a faculty: the issue as to where the petitioner's father could be buried could have been decided shortly after his death; a long period had elapsed since the interment; and there was no support for the exhumation from the parish.

Re St. Margaret Eartham [1981] Court of Arches

The Dean of Arches allowed an appeal against the decision of the Chancellor of the Diocese, who refused to grant a confirmatory faculty for a memorial placed inside the church. The Dean pointed out that a faculty for a memorial inside a church should only be granted in exceptional circumstances. He found that in the present case there were exceptional circumstances, as the persons commemorated had been substantial benefactors of the church and the village over many years.

Re St. Margaret Hornby [2019] ECC Bla 5

The petitioners wished to replace stolen roof lead and the remaining lead covering with a GRP (fibreglass) product. The Diocesan Advisory Committee, Historic England, the Society for the Protection of Ancient Buildings and the Church Buildings Council objected to GRP being used to replace the whole of the lead from the roof of the Grade I listed church. The Chancellor took the view that the petitioners had failed to produce a clear, logical and convincing cased for the proposed works and he refused to grant a faculty.

Re St. Margaret Horsmonden [2013] John Gallagher Ch. (Rochester)

The petitioner wished to exhume the cremated remains of her father and reinter them in the grave of her mother in the same churchyard. The Chancellor decided that neither a desire to have both parents' remains together, nor the state of the location where the father's remains were interred, were enough to amount to special circumstances to justify the grant of a faculty for exhumation. Nor was there any element of mistake as to the places of interment. He therefore refused to grant a faculty.

Re St. Margaret Kings Lynn [2010] Paul Downes Ch. (Norwich)

The Chancellor granted a faculty for a new heating system.