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Alphabetical Index of all judgments on this web site as at 1 October 2022

Index by Dioceses of 2022 judgments on this web site as at 1 October 2022

Re Wolseley Road Cemetery Rugeley [2013] Stephen Eyre Ch. (Lichfield)

The petitioner wished to have the cremated remains of her mother, who died in 1978, exhumed from Wolseley Road Cemetery, in order that the remains might be reinterred with the cremated remains of her father (whose remains had not yet been interred) in a new cemetery at Stile Cop. Applying the principles laid down by the Court of Arches in Re Blagdon Cemetery [2002] Fam 299, the determined that this was not a case where there were special circumstances which would justify the grant of a faculty.

Re Woolwich Cemetery [2016] ECC Swk 2

Cremated remains of two people had been buried in a grave already reserved for someone else. The Chancellor granted a Faculty for exhumation and reinterment in another part of the cemetery, on the ground that a genuine mistake had been made. Normally, the Chancellor would have directed that the exhumation should take place as soon as possible, but in this he acceded to the request of the petitioner, out of respect for his particular faith, that the exhumation should not take place within one year of the interment, whilst at the same time expressing the hope that an earlier date might be agreed,in order to alleviate the concerns of the person who had reserved the grave.

Re Wymondham Abbey [2013] Ruth Arlow Ch. (Norwich)

Petition seeking a faculty for "significant extension and reordering works to this substantial parish church. The principal purpose of the proposed works is to open up the church building and create a flexible learning and interpretation centre (‘the Abbey Experience’) within this ancient church." Reservations expressed by SPAB, EH and CBC. In granting the Faculty, the Chancellor states, "I am entirely satisfied that the public benefit to flow from these changes outweighs any harm which may be caused to the significance of the building."

Re York Minster [2016] ECC Yor 3

The Chancellor, for two reasons, dismissed an application by a private individual for an injunction to stop the Dean & Chapter of York Minster preventing the ringing of the Minster bells. Firstly, the Chancellor had no jurisdiction over the cathedral church of the diocese; and secondly, "the injunctive powers given to Chancellors is in relation to unlawful activity in relation to the church or the churchyard, but only such activity the nature of which would require a faculty to be granted for it to be done lawfully. The use or non-use of the church, the conduct of services in the church and the ringing or non-ringing of bells would not fall within the jurisdiction of the consistory court in a parish church."

St. Mary of the Purification Blidworth [2021] ECC S&N 2

In 2000 a churchyard closing order had been made by Order in Council. Notwithstanding the Order, burials of coffins and cremated remains had continued until 2019. There was a further Order in 2019 modifying the original Order. The upshot of the two Orders was that no further burials were allowed except (i) in an unused grave reserved by faculty; (ii) in an existing vault or walled grave; or (iii) in the existing grave of a family member. The judgment contains a detailed discussion concerning rights of burial and also as to whether both the original churchyard and the large churchyard extension had both been closed by the closing order, or just the extension. The Chancellor had before him four faculty applications for the interment of ashes in existing graves of relatives in the churchyard extension, which he was satisfied was covered by the closing order (as amended). He determined that the petitions were unnecessary, because the amending closing order allowed interments in existing family graves. He therefore dismissed the petitions.