Ecclesiastical Law Association

Ecclesiastical Law Association

Re St. James Kidbrooke [2016] ECC Swk 13

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This was an interim judgment confined to a preliminary issue of security for costs. The petitioners proposed the installation of telecommunications equipment in the church. There was one objector, who considered that the use of the equipment would be harmful to her health and that of other people. In Re Emmanuel Church, Bentley [2006], the Court of Arches made it clear that it would not normally be appropriate to refuse the grant of a faculty for telecommunications equipment if it met the standards for such equipment laid down in Government guidance, though the Court of Arches envisaged that in a particular case a party opponent might be able to demonstrate by reference to scientific evidence that it would not be appropriate to grant a faculty. The petitioners sought security for costs. It was clear to the Chancellor that if he made an order, the objector might have difficulty in raising the security, as a result of which she would effectively be deprived of her right to be heard. He therefore declined to make an order for security for costs.

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