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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. Mary Newchurch-in-Pendle [2023] ECC Bla 5

The petitioner wished to reserve a cremation plot next to the plot where the ashes of her son, who had died in a tragic accident, were interred in 2019. The Chancellor granted a faculty. However, the Chancellor took into account that there were only nine plots left for the burial of ashes; the annual rate of ashes interments was one per year; and the petitioner was only 46 years of age. He therefore limited the grant to a period of 10 years, with leave for the petitioner to apply for an extension within the last of the ten years, when the Chancellor's successor could decide whether to allow an extension, depending on the circumstances at that time.

Re St. Mary Newton with Flowery Field [2024] ECC Chr 1

A child, aged 6, died in December 2023 and her body was interred in the churchyard. Due to a number of misunderstandings, the child’s parents ordered a steel-grey, granite memorial in the shape of triple hearts, such design being outside the current churchyard regulations. They subsequently applied for a faculty to authorise it. The Chancellor granted a faculty: “I am persuaded here the basic shape of the memorial is acceptable and the pastoral and practical grounds for permitting it in my discretion are amply established”.

Re St. Mary Northampton [2006] David Pittaway Ch. (Peterborough)

The Vicar and Churchwardens petitioned to authorise the installation of telecommunications equipment in the spire of the Victorian Grade II* church. Three people objected to the proposals and two of them became parties to the proceedings. The objectors expressed grave concern that the health of families living within 250m of the church tower and the children attending the nursery school and the two schools not far from the church could be affected by the radio waves emitted from the mast. The Chancellor was satisfied from doucmentary evidence that the proposed system fell within internationally accepted safety guidelines and therefore he granted a faculty.

Re St. Mary Northolt [2021] ECC Lon 3

The Chancellor refused to grant a faculty for exhumation. The petitioner wished to exhume the cremated remains of his daughter (who had died in 2007 aged 45) from Northolt churchyard and have the ashes scattered at Breakspear Crematorium. Applying the guidance given in the 2001 decision of the Court of Arches in Re Blagdon Cemetery, the Chancellor did not consider that the reasons given by the petitioner for exhumation - that the petitioner's daughter's grave was neglected, and that the family had moved to near the Breakspear Crematorium, where the petitioner and his wife intended to have their own ashes scattered in due course - were not sufficiently exceptional as to justify a departure from the general rule that permanence of burial in consecrated ground should be regarded as the norm. Also, if exhumation were allowed, the ashes would not be reinterred in consecrated ground.

Re St. Mary Offton [2018] ECC SEI 2

The petitioner wished to have inscriptions on both sides of a memorial headstone on the grave of her late son. This was not permitted by the Diocesan Churchyard Regulations, but the Chancellor considered that there were sufficient exceptional circumstances to allow the general prohibition on inscriptions on both sides of a memorial to be relaxed in this case.

Re St. Mary Oxted [2020] ECC Swk 2

The petitioners wished to install glass doors in a wooden frame to the outer archway of the church porch. The Diocesan Advisory Committee supported the proposal. Of the amenity societies notified of the proposal, only the Society for the Protection of Ancient Buildings objected. The Chancellor was satisfied that a convincing case had been made for the proposal and that public benefit would outweigh any harm. He therefore granted a faculty.

Re St. Mary Oxted [2021] ECC Swk 1

The Chancellor granted an interim faculty for a new church boiler, in view of the urgent need to replace the old boiler. The Chancellor had reservations about approving a gas-fired boiler, bearing in mind the policy of the Church of England to achieve carbon neutrality by 2030. However, a new gas-fired boiler would have an estimated life of 15 years, at the expiration of which period new carbon neutral options may be available and affordable. The evidence was that the current annual cost of running an electric boiler would be over four times the annual cost of running a new gas-fired boiler.

Re St. Mary Patshull [2013] Stephen Eyre Ch. (Lichfield)

The Chancellor granted a faculty to permit the opening of a grave and the opening of a casket, in order to permit the petitioners' mother's wedding ring to be placed with the ashes of the petitioners' parents, which had been interred six weeks previously.

Re St. Mary Penwortham [2020] ECC Bla 2

The petitioners wished to carry out works of repair to the parapet of the tower, by re-bedding masonry and laying new lead, and also repairs to the west window, which had suffered heavy erosion. There were no objections to the work on the parapet, but the Society for the Protection of Ancent Buiildings objected to the proposed work to the west window, saying that the amount of the proposed replacement stonework was excessive and without justification. The Chancellor took the view that the petitioners had established that far-reaching repairs were needed to the window and he accordingly granted a faculty.

Re St. Mary Piercebridge [2023] ECC Dur 3

The petition proposed several items of reordering, in order to adapt the church for both sacred and community use. The items included: replacement of the pews with chairs; replacement of the stone font with a moveable wooden font; removal of an old reed organ; creation of a lobby at the west end of the church, and kitchen, toilet and storage facilities; electrical wiring and light fittings; and water and space heating. The Chancellor was satisfied that the community would benefit from the new proposals and he granted a faculty.