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Alphabetical Index of all judgments on this web site as at 10 September 2024

Judgments indexed by Diocese:
2023 Judgments
2022 Judgments
2021 Judgments

Re St. Mark Mitcham [2020] ECC Swk 5

The vicar and churchwardens sought permission to replace the existing gas fuelled heating system with a new one, including a new boiler, pipework, radiators and controls in the unlisted, twentieth century church. The Chancellor granted a faculty. The judgment contains some comments by the Chancellor about the need for churches to work towards carbon neutrality.

Re St. Mark Ocker Hill Tipton [2022] ECC Lic 4

The Deputy Chancellor granted a faculty for the reservation of a grave space for 20 years, rather than for the customary 50 years. In view of the number of spaces available and the rate of interments, the graveyard could be full and closed before a longer reservation would need to be exercised. The Chancellor gave the petitioner leave to apply for an extension of the period of 20 years within six months of its expiry.

Re St. Mark Ocker Hill Tipton [2022] ECC Lic 5

The Deputy Chancellor granted a faculty for the reservation of a double depth grave space for the  period of 50 years usually allowed. He distinguished this case from Re St. Mark Ocker Hill Tipton [2022] ECC Lic 4, where he limited the reservation for 20 years, because the graveyard could be full and closed before a longer reservation would need to be exercised; in the present case, one of the joint petitioners was terminally ill, so that the double plot would be in use quite soon.

Re St. Mark Winshill [2020] ECC Der 4

The petitioner sought a faculty to authorise the exhumation of the cremated remains of his father from the churchyard and reinterment in the cremated remains section of a nearby cemetery. The reason given was that the deceased's wife had died recently and she had wanted her cremated remains to be interred in the cemetery. The petitioner wished to unite the cremated remains of his father with the cremated remains of his mother in the same grave. In the light of the guidance in Re Blagdon Cemetery [2002] Fam 299, the Deputy Chancellor determined that there were no exceptional reasons to justify the grant of a faculty for the exhumation of the deceased’s remains.

Re St. Martin Lichborough [2015] David Pittaway Ch. (Peterborough)

There were proposals to reorder the vestry and serving area at the west end of the south aisle of the church (which works were approved by faculty in 2006), to include a lavatory. There was one objector. The Chancellor was satisfied that the petitioners had made a good case for the reordering, and that the proposals would not adversely harm the interior of the church. He accordingly granted a faculty. The Chancellor ordered the objector to pay the costs of the hearing.

Re St. Mary & St. Ethelburga Lyminge [2019] ECC Can 1

The works proposed included improvements to the churchyard paths, including step-free access to the church, and in the course of such works the carrying out of archeological works with the objective of re-excavating a structure in the churchyard found by a nineteenth century incumbent but re-buried in 1929. This structure is believed to be the remains of a Saxon church. Letters of objection from two neighbours expressed concern about the impact of the works on the adjacent lane. The Chancellor was satisfied that the improvement of the paths would enhance the churchyard, and also examining, recording and securing for the future archaeological remains of national and possible international significance justified the granting of a faculty.

Re St. Mary & St. Hugh Harlow [2018] ECC Chd 1

The vicar and churchwardens applied for a faculty to re-use the churchyard for burials. Though the churchyard was not closed by Order in Council, burials could now only take place in existing graves. There was one objector. A hearing was held, at which the Chancellor dismissed the objector's twelve grounds of objection as having no substance, in view of which, and also of the fact that the objector had refused to have the matter dealt with by written representations, the Chancellor directed that the objector should pay the costs of the half-day hearing.

Re St. Mary & St. John the Divine Balham [2023] ECC Swk 7

The petitioners wished to replace the existing three gas heating boilers with three new gas boilers. Whilst the amended Faculty Jurisdiction Rules 2015 provided that due regard must be paid to the Church of England’s net zero guidance, the petitioners had been unable to find an alternative system at reasonable cost, and the proposed new boilers would be more efficient than the old ones. The Diocesan Advisory Committee had accordingly recommended the proposed system. The Chancellor granted a faculty. Although some Chancellors have in similar cases imposed a condition relating to offsetting, in order to meet the challenge of meeting carbon neutrality, the Chancellor decided not to impose such a condition in this case.

Re St. Mary & St. Nicholas Lavant [2014] Mark Hill Ch. (Chichester)

Confirmatory Faculty refused for the retention in a Grade I twelfth or thirteenth century church of a modern painting of the Baptism of Christ, which was hung next to the font and which had been commissioned by a previous rector.

Re St. Mary & St. Peter Claydon and Barham [2021] ECC SEI 1

The petitioners applied to reintroduce into the churchyard a memorial to their father, which had been placed on the centre of the grave of the petitioners' parents, but had been removed because it had been installed without authority. The grave already had a memorial to the petitioners' mother. The additional memorial to the petitioners' father was in the shape of a small cylinder, with names and dates around the circumference and a Maltese Cross on the top surface. The design was outside the churchyards regulations, though it was noted that most of the memorials nearby breached the regulations in some way. The Chancellor determined that "the memorial proposed is attractive and complements the original memorial in place" and he therefore granted a faculty.