Ecclesiastical Law Association

Ecclesiastical Law Association

Re St. James Kidbrooke [2016] ECC Swk 8

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This decision should be read in conjunction with Re St. James Kidbrooke [2016] ECC Swk 13  and Re St. James Kidbrooke [2016] ECC Swk 16. The petitioners proposed the installation of telecommunications equipment in the church. There were seven objectors, of whom one became a opponent. She objected on the grounds that radio waves and electrical fields would be harmful to human health. The Chancellor gave directions inviting the objector to consider Government guidance on telecommunications systems and the Court of Arches decision in In re Emmanuel Church Bentley (2006), as a result of which he could not refuse a faculty on the grounds of danger to health, if equipment complied with international standards, unless there was some compelling expert evidence to the contrary. He also alerted the objector that she might be putting herself at risk of an application for costs being made against her by the Petitioners. The Chancellor directed that within 14 days the objector should notify the Registry whether (i) she intended to call an expert witness or witnesses, and (ii) she required there to be a hearing.

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