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Alphabetical Index of all judgments on this web site as at 10 September 2024

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The Chancellor refused to grant a faculty for the exhumation of the cremated remains of the petitioner's son so that they might be placed in a niche or columbarium in the garden of the petitioner's home.

A faculty was sought to change the use of the parvise of the 15th century west porch of Crowland Abbey from a storage area to a chapel suitable for Eastern Orthodox worship, in anticipation of the completion of a sharing agreement between the priest in charge of Crowland Abbey and Archbishop Silousan Oner, of the Antiochian Orthodox Christian Archdiocese of the British Isles and Ireland. The project required the construction of an iconostasis at the eastern end of the parvise, a new floor covering, a reliquary, credence table, reading stand and curtains for the external windows. The Chancellor was content for the agreement to be completed and the works to be carried out. He accordingly granted a faculty.

Faculty refused for exhumation of cremated remains from a family grave in one part of the churchyard to a double plot for cremated remains in another part of the same churchyard.

Faculty granted for the exhumation of the cremated remains of three family members from inside a church which had been closed for public worship, and reinterment in a family grave in a local cemetery.

The petitioner sought a confirmatory faculty for the retention of two 'pavers' which he had caused to be placed, without permission, on the graves of two family members. The parish objected to their retention on the grounds, inter alia, that they were out of place with their surroundings. The petitioners claimed 'grandfather rights' on the basis that the pavers were placed on the grave some while ago. The chancellor considered the objections compelling and concluded that the petitioner had not discharged his burden of proof for the retention of the pavers. The petition was dismissed.

The Chancellor refused to grant a faculty for the exhumation of the mortal remains of his grandparents and great aunt, who died in 1921, 1951 a 1954 resepctively, in order that the remains might be cremated and scattered in Golders Green Cemetery, as the application was "far outside of the exceptions to the general and important rule relating to the finality of Christian burial set out in the leading case of Re Blagdon Cemetery [2002] Fam 299, Court of Arches."

The 16 months old child of Italian parents living in England died following a fall whilst the family were on holiday in the Netherlands. The child’s cremated remains were brought back to England and interred in a consecrated part of East Sheen Cemetery. It was always the parents’ intention to move back to Italy and they treated the interment as temporary until they could return to Italy and inter the child’s ashes there. They were not told that the ashes were interred in consecrated ground and that exhumation from consecrated ground would not be granted unless there were exceptional circumstances. If they had been informed about the consequences, the parents would not have had their child’s ashes interred in consecrated ground. Upon an application by the parents for exhumation before returning to live in Italy, the Chancellor considered that a mistake had been made which would allow an exception to the normal rule against exhumation and he therefore granted a faculty.

The petitioner applied for a faculty to authorise the exhumation of a relative and reinterment in an adjoining grave. The relative had reserved two plots, one for her sister and one for herself. Owing to a mistake, the relative was buried in her sister's grave. The Chancellor determined that the mistake justified the grant of a faculty for exhumation and reinterment.

The incumbent and churchwardens sought a faculty to authorise the repair of a section of collapsed wall between the churchyard and two adjoining properties. One of the adjoining owners objected on the ground that work should not be done without work on the roots of some adjacent trees. The Chancellor granted a faculty, being satisfied that the wall needed repairing. If there was a tree preservation order in place, which required a further consent from the local authority for removal of the trees (should that be required), then a further faculty may be needed. The Chancellor expressed the hope that the parties could resolve their differences regarding the trees.

There had been a faculty application to authorise the installation of telecommunications equipment at the church and the completion of a licence agreement between the Parochial Church Council and the telecommunications operator. The Chancellor had refused to grant a faculty. The petitioners appealed. The appeal was allowed. The court found that the Chancellor had unnecessarily given weight to the church's primary responsibility being mission, an argument which had not been put forward by the objectors, and had not given sufficient weight to the evidence in favour of the proposals, particularly that the Government had issued guidelines to planning authorities that planning consent should not be refused for telecommunications equipment on the grounds of arguments as to danger to human health, if installations complied with international guidelines.

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