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

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By 2015 the condition and use of the early 20th century church had declined to such an extent that the building was temporarily closed for health and safety reasons and the congregation dispersed to other churches. In 2017 a new congregation was formed and worshipped in the church hall, but before long it became apparent that more space was needed. Steps were taken under various faculties to revive the church and make it safe for worship. The current petition sought authority for the removal of a number of items of furnishing, as a precursor to reordering in a way that would meet the needs of the new congregation. The Chancellor agreed to the removal of the majority of items in the petition (including the high altar and the font), but he excluded the removal of the lectern, the Communion rails and the pulpit (with the associated memorial plaque).

Mr and Mrs Newsome petitioned for a faculty permitting the exhumation of their son Adam’s remains, buried in 2007 at Ormskirk Parish Churchyard, and re-interment in West Lancashire Cemetery. Adam died aged 19 after suffering from cancer. The petitioners argued that the churchyard environment had deteriorated. They reported antisocial behaviour, drug paraphernalia, and intimidation from groups of youths, which made visiting the grave distressing and unsafe. They also described maintenance issues, including a sunken and waterlogged grave, and wished ultimately to be buried together with their son in a new family plot elsewhere. The Chancellor applied the established principles governing exhumation, particularly those in Re Blagdon Cemetery and Re Christchurch Alsager, which emphasise the presumption of permanence of Christian burial and require exceptional circumstances to justify exhumation. Although expressing sympathy for the family, the Chancellor held that distress caused by antisocial behaviour or dissatisfaction with the churchyard environment does not constitute exceptional circumstances. Granting the petition could create a precedent for similar applications. Accordingly, the petition for exhumation was refused, though the court suggested that improvements to churchyard management might address the concerns raised.

The Deputy Chancellor granted a confirmatory faculty for the removal and disposal of seven pews, which were removed without faculty in 2011 in order to provide a children’s area, a display, a welcome area and the extension of the dais, but he required that the pew frontals removed at the same time were returned to the church.

The petitioner wished to have the body of her 15 year old daughter, who had committed suicide in 2018, exhumed and cremated. The family had been finding life difficult in Durham following the family tragedy. They wished to move to Canada, where they had relatives, and to take the petitioner's daughter's remains with them, where they could be interred. The Chancellor, applying the principles laid down in the Court of Arches decision in  Re Blagdon Cemetery [2002] Fam 299, determined that the petitioner had failed to prove that there were exceptional circumstances to justify the grant of a faculty for exhumation.

In 1997 the deceased had requested the reservation of the grave at the foot of the grave of her late husband. Owing to an administrative mistake the wrong plot number was allocated, but the deceased did not realise that the grave number was incorrect. At the funeral, the family realised that the grave for the deceased had been dug in the wrong place, but felt unable to do other than proceed with the funeral. They subsequently sought a faculty for exhumation and reinterment in the intended grave. The Chancellor was satisfied that a genuine mistake had been made, which could be regarded as an exception to the presumption of permanence of burial. He therefore granted a faculty for exhumation and reinterment, in order to correct the error.

Reordering proposals included: new toilet and kitchen facilities and multi-functional space; replacement of the pews with Howe 40/4 chairs; a new floor with underfloor heating; a mezzanine floor and roof-lights; the creation of a columbarium; a new doorway;  and the screening of external storage areas. The Vicar General & Chancellor granted a faculty.

The petitioner wished to exhume the remains of her mother-in-law ("the deceased") from Peel Cemetery and reinter them in a private chapel called The Chantry, at Crogga, where the remains of the deceased's son and the petitioner's husband were laid. The petitioner's husband was a prominent member of the Roman Catholic community in the island. The Vicar General decided that this was an appropriate exceptional circumstance justifying a departure from the principle of permanence of burial as expressed in Re Blagdon Cemetery [2002] Fam 299. He therefore granted a faculty. However, under Isle of Man law remains could be exhumed and reburied only if moved from one piece of consecrated land to another piece of consecrated land (that is land consecrated according to the Anglican tradition), but the Chantry was not so consecrated. Therefore, in addition to the faculty, the petitioner would need to obtain the consent of the Department of Environment, Food and Agriculture.

In 1996 a faculty had been granted for the removal of the pipe organ to a community centre for storage, and for an electronic organ to be installed. There was a condition that, within 10 years, the original pipe organ or a substitute should be installed. In 2009 the pipe organ had been disposed of, without the authority of a faculty, to the workshops of an organ builder, where some of the parts had been scrapped. The present application was for a confirmatory faculty. The Chancellor granted a confirmatory faculty, subject to a condition that after May 2016 an assessment of the musical needs of the Abbey should be carried out, with a consideration of the options of a pipe organ, an electronic organ or a hybrid instrument, together with financial implications, after which a firm proposal should be put forward.

In 1996 a faculty had been granted for the replacement of the Walker/Nicholson organ with a Bradford Computing Organ, subject to a condition that a pipe organ – either the Walker/Nicholson organ or another – would in due course be installed in the Abbey within ten years. In 2012 a faculty authorised the disposal of the Walker/Nicholson organ. The present petition sought to replace the Bradford Computing organ with an Allen electronic organ.The Church Buildings Council preferred a new pipe organ. There were two formal objections. The Deputy Chancellor was of the view that the long-term solution appropriate to the Abbey was a pipe organ. He granted a faculty to authorise the Allen organ as a temporary solution for 10 years, after which it should be removed. This would give time for consideration of a suitable pipe organ to replace the Allen organ.

There had been a scheme for reordering parts of the church, most of which had already been approved by the Chancellor. The only outstanding item was the proposed introduction of carpets in the nave. The Diocesan Advisory Committee was of the opinion that carpet was not appropriate for a Grade II* church, "being too domestic in appearance". Historic England (though it did not wish to be a party opponent) objected that the introduction of carpet would be harmful to the significance of the building. The Chancellor was however satisfied that the petitioners had made out a good case for the introduction of carpet and did not feel that it would have the adverse impact claimed by Heritage England. He therefore granted a faculty.

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