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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. Mary Magdalene Gedney [2016] ECC Lin 4

The Chancellor granted a faculty to authorise the re-use of an area of the churchyard in which there were no memorials and where it was believed that there had been no burials for at least 150 years.

Re St. Mary Magdalene Hullavington [2016] ECC Bri 1

There was a major program of reordering, including an extension to the church, which would necessitate moving the font. The Chancellor granted a faculty, notwithstanding that the font would no longer be as near to the principal entrance as it could otherwise conveniently be.

Re St. Mary Magdalene Lyminster [2017] ECC Chi 1

The petitioner wished to erect in the churchyard a memorial of black polished granite with matching kerbs filled with grey granite chippings. The Chancellor refused to grant a faculty as the proposed memorial was outside the churchyards regulations and he also considered it inappropriate for the particular churchyard. He also made it clear that the unlawful introduction of unsuitable memorials of a similar type in the past did not justify the current proposal.

Re St. Mary Magdalene Mulbarton [2015] Ruth Arlow Ch. (Norwich)

The Rector and churchwardens petitioned for a faculty permitting the incumbent to authorise modest uncoloured pictures on memorials within the new churchyard extension. The Chancellor granted a faculty subject to the conditions that the pictures authorized: (i) must not occupy more than one third of the face of the stone and must be uncoloured; (ii) must reflect the life of the deceased; (iii) must not be inconsistent with Christian theology and doctrine; and (iv) must not be of a subject-matter which is transitory in nature. A factor in the Chancellor's decision was that the churchyard extension was visually screened from the main churchyard by a large blackthorn hedge.

Re St. Mary Magdalene Paddington [1980] George Newsom Ch. (London)

The Chancellor granted a faculty for the sale to Westminster Council of an unconsecrated strip of land within the curtilage of the church. The judgment contains a discussion of the alternative ways of dealing with a conveyance of unconsecrated church curtilage.

Re St. Mary Magdalene Reigate [2010] Philip Petchey Ch. (Southwark)

The Faculty Petition requested authority for a major re-ordering, to include moving the middle section of the rood screen and replacing of all the pews with stacking chairs. Faculty refused for moving the middle section of the rood screen, but Faculty granted for all other works, including the replacement of the pews with chairs. Although there were several objections, and the Society for the Protection of Ancient Buildings and the Victorian Society were parties opponent, the Chancellor was able to determine the matter by written representations.

Re St. Mary Magdalene Richmond [2017] ECC Swk 7

Various items of reordering were proposed, including the replacement of the pews and pew platforms with high quality pew benches and a new stone floor with under-floor heating. The Victorian Society objected to the removal of the red and black machine made quarry tiles in the central aisle. There were also reservations from consultees regarding whether the ledger memorial stones in the nave floor should remain where they were, as part of the new scheme, or be moved elsewhere. The Chancellor granted a faculty for all the works, including the removal of the Victorian quarry tiles, subject, to the ledger stones remaining in their pre-reordering positions.

Re St. Mary Magdalene South Bersted [2014] Mark Hill Ch. (Chichester)

A faculty was sought for the disposal of: 4 short free-standing modem oak pews (circa 1967); 3 desks; a portable altar and communion rail;  2 old 'Glastonbury' style sanctuary chairs; a wooden cross; 2 wooden candlesticks; 11 standards and their metal wall fixings. The Diocesan Advisory Committe and the Church Buildings Council both supported the disposals. The Chancellor decided that none of the items was a "church treasure", which would justify him in holding a formal hearing. Faculty granted.

Re St. Mary Magdalene Stilton [2021] ECC Ely 1

The Rector and Churchwardens sought permission to remove two pews from the front of the nave, to create a larger performance area, and four pews from the back of the nave, to provide a children's area. The proposals had been trialled under an archdeacon's licence for temporary reordering. After the period of the licence expired, the reordering remained in place without lawful authority. The petitioners also wished to replace the pews with chairs with blue upholstery, which had already been purchased. The Chancellor granted a faculty for twelve blue upholstered chairs to replace the front two rows of pews only. He indicated that if a further faculty was sought for more blue upholstered chairs, he would not be minded to grant one unless a more suitable colour was chosen and the existing chairs were reupholstered in the same colour.

Re St. Mary Magdalene Wartling [2012] Ruth Arlow Dep. Ch. (Chichester)

Faculty granted for removal of Victorian choir stalls and replacement with light oak, upholstered choir pews, which would have the flexibility to be used for services in the chancel for small congregations.