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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. Margaret Lower Halstow [2023] ECC Can 3

The petitioners wished to reserve a single-width, double-depth grave space. They did not live in the parish, but attended the church occasionally and supported the church financially. Some parishioners objected to graves being reserved, saying that interments should be on a "first come, first served" basis. The Chancellor determined that it was appropriate to grant a faculty in this case: the petitioners had shown a sufficient connection with the church; at the time when the petition was lodged, the PCC had no formal policy about grave reservations; the PCC had supported the petition; and there was space in the churchyard for 20-30 years of burials.

Re St. Margaret Lowestoft [2013] Ruth Arlow Ch. (Norwich)

Faculty granted for the removal wooden and plastic kerbs from a number of graves.

Re St. Margaret Northam [2022] ECC Exe 2

The petitioner applied for approval of a memorial stone for the grave of his father, a former builder and stonemason, with inscriptions on both sides of the stone: on the front, the names and dates of birth and death of the deceased and the word 'Beloved'; and on the back a quotation from a poem by Rudyard Kipling ('Till the master of all good workmen shall set us to work anew') and an engraving of a trowel. The PCC objected to inscriptions on both sides of the stone, saying that it would set a precedent. The Team Rector, who had originally been happy with the proposal, later suggested that the trowel was inappropriate, as it was a symbol of Freemasonry, which might offend some people. The Chancellor determined that the design had artistic merit; that it would not establish a precedent, as there were already several stones in the churchyard with inscriptions on both sides; that the poem extract would look out of place on the front; and that the trowel was a symbol of the lifelong work of the deceased as a builder and stonemason, who had no connection with Freemasonry. Accordingly, the Chancellor granted a faculty.

Re St. Margaret of Antioch Rainham [2017] ECC Roc 2

The petitioners applied for permission to carry out some reordering works, which included the removal of three areas of pews, additional storage cupboards and the introduction of stackable chairs. The Victorian Society (which did not seek to be a party opponent) objected that the stackable chairs would "cause gratutitous harm" to the Grade I listed church. The Chancellor was satisfied that the petitioners had made a good case for the proposals and accordingly granted a faculty.

Re St. Margaret of Antioch Thorpe Market [2013] Ruth Arlow Ch. (Norwich)

In 2012, memorial kerbs had been removed from the churchyard without the authority of a faculty, causing distress to several family members of those buried in the churchyard. The Chancellor directed that the Team Vicar and Churchwardens should apply for a confirmatory faculty, in order that objections could be properly dealt with. Faculty granted, subject to conditions, including a requirement that kerbs should be reinstated, but laid flush with the ground.

Re St. Margaret of Antioch Toxteth [2019] ECC Liv 2

The proposal was to remove the pews from the church and replace them with chairs from the Anglican Cathedral in Liverpool. The church is an elaborately-decorated Victorian church listed Grade II*, though from an inspection the Chancellor describes the pews as "not in a particularly good condition, certainly not ergonomically comfortable or efficient, but certainly simple in form". The church had gone through a period of decline, but was now developing with a mission for outreach, and wished to provide a more flexible space for a number of activities, including the hosting of food banks, messy church, arts projects, plays and concerts. The Chancellor concluded that the removal of the pews would not result in any particular harm to the significance of the building and its special architectural or historic interest, and that there would be substantial benefits to the church. He therefore granted a faculty.

Re St. Margaret of Antioch Toxteth [2021] ECC Liv 4

The petitioners sought permission to undertake some internal works to create toilets (including disabled), a kitchen area and a small vestry and office in the Grade II* listed church. The Victorian Society argued that the curved wall of the proposed vestry and office "pod" would be at odds with the design of the church. However, the Chancellor concluded that any harm caused by the construction would be minimal, and not intrusive. He granted a faculty, subject to a condition that, in order to make the curved wall less obtrusive, the architect should consider the feasibility of suitable panelling of a style and colour to match that in place under the adjacent organ pipes.

Re St. Margaret Old Catton [2013] Ruth Arlow Ch. (Norwich)

Petition for scheme for reordering involving the removal of some Victorian pews, the provision of WC and kitchenette facilities, improved disabled access, the replacement of the porch doors and the provision of a movable nave altar and communion rails. Re St. Alkmund Duffield considered, the Chancellor concluding that "the limited harm which these proposals will cause to this church is clearly outweighed by the significant public benefit to be achieved." Faculty granted.

Re St. Margaret Rottingdean [2020] ECC Chi 4

An urgent faculty was sought for the temporary removal of two headstones from the churchyard to a place of safety. They had been erected in 1962 on the graves of music hall performers whose stage names incorporated a term which is a derogatory and offensive reference to black people. That word was included in the inscriptions. The chancellor granted the faculties, as a temporary expedient to protect the headstones from damage, noting the current Black Lives Matter movement. He gave directions for the future disposal of the matter, particularly the tracing of the respective heirs-at-law, who are the legal owner of the headstones. The Chancellor would determine at a future date whether the headstones be re-introduced, either unaltered or with the offensive wording erased or obscured; whether alternative headstones be substituted; or whether there should be some other resolution.

Re St. Margaret Rottingdean [2021] ECC Chi 1

In 2020, the Chancellor gave a judgment concerning the temporary removal of two memorials from the churchyard. There had been complaints that the inscription on each memorial contained the same allegedly offensive or derogatory word. (SeeĀ  Re St. Margaret Rottingdean [2020] ECC Chi 4) In the present case, the vicar and churchwardens applied for a faculty to authorise the re-cutting of the stones, so as to omit the offensive word from the inscriptions, and the return of the stones to the churchyard. The families of those commemorated by the stones supported the application. The Chancellor granted a faculty.