Ecclesiastical Law Association

Ecclesiastical Law Association

Re St. John Walsall Wood [2015] Stephen Eye Ch. (Lichfield)

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The petitioner wished to reserve a grave next to that of her late husband. Since before the interment of the petitioner's late husband, the Parochial Church Council had had an informal policy of not supporting any further reservations of graves, in view of the small number of available grave spaces left in the detached burial ground. The Chancellor decided that this was not a case where there were special circumstances to justify him in acting against the established policy of the PCC. He therefore refused to grant a faculty to reserve the grave next to the petitioner's late husband's grave. However, in a note attached to the petition, the Chancellor recorded that he had had a discussion with the parish priest with a view to seeing what could be done by way of pastoral provision. The parish priest agreed that the grave space next to the grave of the petitioner's husband would be the last space to be used in this burial ground, unless before then it came to be used for the interment of the remains of the petitioner.

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