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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. 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.

Re St. Mary Mapledurwell [2019] ECC Win 1

Five yew trees, a conifer and a holly had been felled without the authority of a faculty. There had been an application for a faculty using the Online Faculty System. The petitioner (a churchwarden) had taken the approval of the Diocesan Advisory Committee to mean that a faculty would be granted. By the time the Chancellor visited the churchyard to inspect the trees, the trees had been removed. The Chancellor granted a confirmatory faculty, subject to a condition that
new native trees should be planted in the churchyard.

Re St. Mary Mappleton [2016] ECC Der 2

The Parochial Church Council wished to replace the stolen lead flashings from the church roof with Ubiflex, a material made up of reinforced aluminium mesh and a mixture of non-metallic materials. The church had a history of four lead thefts, and in 2011 the local authority had given planning permission to allow the roof to be recovered with stainless steel, though the lead flashings had been left. The PCC was financially unable to afford to replace the lead flashings with lead or steel. As a temporary expedient to preserve the fabric of the church, the Chancellor agreed to the use of Ubiflex, but required the PCC within 4 years to submit to the Registry a report on fund-raising to provide for a much longer lasting solution.