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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. 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.

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.