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Alphabetical Index of all judgments on this web site as at 4 June 2020

Index by Dioceses of all judgments on this web site, as at 4 June 2020

Memorials

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The petitioners, the rector and churchwardens, removed from the churchyard personal mementoes which had been placed on graves, and which the churchyards regulations did not allow. They then gave notice of removal, where possible advising the families concerned as to where they could collect the relevant items. The petitioners subsequently applied for a faculty for the disposal of the items not collected. There were two objectors, who became parties opponent, around 40 other written objections, and there was an online petition opposing the faculty. The Chancellor decided that the petitioners were entitled to remove the items, as required by the churchyards regulations, and that a faculty was needed for their disposal. The Chancellor therefore confirmed an earlier decision to grant a faculty, subject to there being no objections.

The widow of the former priest who died in office applied for permission to have her husband's ashes interred in a granite casket resting on a concrete slab below the base and to the west of the newly re-positioned font in the baptistery at the eastern end of the south aisle of the church and to erect a white marble plaque set within a timber surround above the casket, which would sit flush with the surrounding timber boarded floor. The Chancellor was satisfied that (1) the interment inside the church would not set a precedent, as the PCC would only support interment in church in the case of the death of a priest in office and (2) the priest's service and the affection in which he was held satisfied the test applicable to the introduction of a memorial plaque into the church.

In the late 1980s, an upright memorial had been introduced into the churchyard, and the grave had been surrounded with pre-cast concrete edging and covered with white chippings. The petitioner now wished to replace the concrete edging with stone kerbs. Although kerbs would not normally be approved, the Chancellor granted a faculty. It would be inappropriate to require the removal the concrete edging, which had been in place for over 20 years, and the new kerbs would not be any more obtrusive.

Leave to appeal granted by the Dean of the Arches in respect of a decision by the Chancellor not to allow a Gaelic inscription on a memorial unless accompanied by an English translation.

The petitioner's parents had both been born in the Irish Republic and had been active in serving the Irish community, both in Coventry and nationally. Following her mother's death, the petitioner sought a memorial, of which the significant features would be a Celtic Cross (which would extend beyond the top of the memorial) containing an emblem of the Gaelic Athletic Association,  and the Irish Gaelic words “In ár gcroíthe go deo”, meaning “In our hearts forever”. The Chancellor took the view that a cross protruding above the memorial would have had a 'jarring impact' on the churchyard as a whole and that an incised cross would be more appropriate, to which the petitioner agreed. However, the Chancellor refused to allow an inscription in Gaelic without a translation, which would be incomprehensible to most people visiting the churchyard, and might be misconstrued as a slogan or political statement. He therefore granted a faculty for a memorial with an incised cross and for the Gaelic words to be included, provided that an English translation was also inscribed.

A parishioner had died and her cremated remains were interred in the churchyard extension. The family applied to have a "desk style memorial" placed over the grave. Being informed that such a memorial would not be allowed under the Churchyards Regulations, the family agreed to a flat stone. By mistake the stonemason prepared a stone according to the original specification. On realising his error, the stonemason offered to replace the stone with a flat stone, but the
family would not allow him to do so. The Archdeacon applied for a faculty to have the desk style memorial replaced with a flat one. The Chancellor determined that it was appropriate to grant a faculty to the Archdeacon.

The Archdeacon applied for a faculty to authorise the removal from the churchyard of a "desktop" style memorial marking the interment of cremated remains, as it did not comply with the Churchyard Memorial Rules currently in force. The family of the deceased objected. The Chancellor determined that there were no exceptional reasons why the memorial should remain and accordingly granted a faculty to authorise the removal of the memorial and its replacement with a memorial which complied with the Rules.

The petitioner wished to install in the churchyard a vertical slab memorial surmounted by a Celtic wheel style cross, the total height of the memorial being 39 inches. The Chancellor refused to grant a faculty, but said that it would be appropriate for the incumbent to approve a stone of conventional shape with the incised design of a Celtic cross.

The petitioner wished to erect in the churchyard a memorial of dark grey granite, polished on the face only, with silvered lettering within an incised design of an open book; the inscription included the words "Beloved Husband, Dad and Grandad". The proposal also included kerb stones and a granite vase bearing the inscription "John" within the kerbs. The Deputy Chancellor determined that the memorial would not be out of place in this particular churchyard, bearing in mind other memorials nearby, and he granted a faculty, subject to the vase not bearing an inscription.

The petitioner wished to place a memorial on her late husband's grave. Many of the details of the proposed design were outside the diocesan churchyards regulations, including: two coloured engravings, one of a robin and the other of a West Highland Terrier (to represent a deceased family pet); dark grey honed granite with a polished obverse side; gold lettering; the use of the words "Dad" and "Grandad" in the inscription; two flower holders in the base. The Parochial Church Council members unanimously did not support the proposal. Bearing in mind the context of the grave, which had near it other memorials with polished faces, the Deputy Chancellor did not approve the memorial design as proposed, but granted a faculty allowing: dark grey honed granite with a polished obverse side; white (rather than gold) lettering; the use of the words "Dad" and "Grandad" in the inscription; one flower holder only; the design of the dog, coloured white, but not the coloured design of the robin.