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

Judgments indexed by Diocese:
2024 Judgments
2023 Judgments
2022 Judgments
2021 Judgments

Re St. Saviour Nottingham [2022] ECC S&N 1

In January 2018, a faculty was granted for some reordering work within the church. The works included the installation of some softplay equipment, which was to be managed by KM Play Ltd., a company limited by guarantee. One of the conditions of the faculty was that, before commencement of the works, there should be binding legal obligations in place between the church and KM Play. This condition was not complied with, but softplay activities took place (apart from during certain periods of the pandemic). The present proceedings were to consider an amendment to the faculty, to authorise and approve a proposed agreement between the church and KM Play. The Chancellor granted a faculty approving the proposed agreement, subject to a condition that it should come to an end on 30 September 2024. If the church wished to renew the agreement, it would need to apply for another amending faculty before then, at which time the operation of the agreement during the intervening period would be reviewed.  (Other conditions required the company to obtain certain confirmations from the Charity Commission, HMRC and the Diocesan Safeguarding Officer.)

Re St. Saviour Ringley Stoneclough [2018] ECC Man 3

The parents of a stillborn baby wished to erect on their baby's grave a heart-shaped blue pearl granite stone memorial measuring 27 inches by 21 inches by 3 inches. Stars were to be etched into the edge of the memorial and a heart etched underneath the proposed inscription. There were three other heart-shaped memorials in the churchyard, which had not been authorised by faculty in accordance with the churchyards regulations, but the Chancellor decided that this did not justify him granting a faculty for a further heart-shaped memorial.

Re St. Saviour Smallthorne [2013] Stephen Eyre Ch. (Lichfield)

Faculty granted for polycarbonate window guards, notwithstanding that the Diocesan Advisory Committee had not recommended them, but had recommended wire mesh guards instead.

Re St. Saviour Smallthorne [2016] ECC Lic 3

The cremated remains of a father and his son had been interred in adjacent plots. When the mother died, her cremated remains were interred (due to the error of the burial authority which maintained the churchyard) in the grave of her son, rather than with the remains of her husband, as had been her wish. The next of kin proposed that the exhumation of the remains of the father and reinterment in the grave of his wife and son would be preferable to the exhumation of the remains of the mother and reinterment with the remains of her husband. The Chancellor granted a faculty on this basis: "This is an appropriate and desirable result creating as it does a family grave containing the remains of all three members of that family."

Re St. Saviour Upper Sunbury [2019] ECC Lon 1

The Chancellor granted a faculty for the demolition of some unsightly temporary structures at the east end of the unlisted church and their replacement with permanent brick built structures to accommodate a commercial kitchen, a crèche, lavatories and a food bank.

Re St. Saviour Westgate-on-Sea [2018] ECC Can 2

The Commissary General granted a faculty to replace the existing cupboard, worktop, sink, tap and water heater in the Vestry.

Re St. Sebastian Wokingham [2021] ECC Oxf 1

The Huddersfield & District Army Veterans Association applied for permission to remove of the memorial cross of the Association’s founder, who died in 1907, from the churchyard  to the Association’s military plot at Edgerton Cemetery, Huddersfield. At some time in the past, the memorial had been moved from the founder's grave to the churchyard wall, to facilitate the laying of a path over the grave. The Deputy Chancellor refused to grant a faculty: 'I am not convinced either that the removal of the Monument is necessary to celebrate the memory of Major Welsh at the Huddersfield plot, or that the benefits in doing so would outweigh the harm in removing it from St Sebastian’s churchyard.'

Re St. Simon Zelotes Upper Chelsea [2018] ECC Lon 1

The vicar and churchwardens sought a faculty to reorder the west end of the church by extending the west gallery to the north and west aisles, to introduce an accessible WC below the north-west corner of the extended gallery and enhance the existing catering facilities and musicians’ area. They also proposed introducing speakers into the chancel and the making good of tiles in the floor at the front of the church. The Victorian Society was a party opponent. The Chancellor was satisfied that "any prejudice to the architectural integrity is outweighed by the pastoral and liturgical benefits and applying the balance of probabilities the Petitioners have made out their case." He accordingly granted a faculty.

Re St. St. Mary Beenham Valence [2021] ECC Oxf 4

The Chancellor granted a faculty to permit the exhumation of the petitioner's mother's cremated remains, in order to facilitate the interment of the Petitioner's father's remains in the grave, with her mother's ashes placed in her father's coffin.

Re St. Stephen Acomb [2018] ECC Yor 3

The petition contained a number of items including proposals for lighting inside and outside the church. A parishioner objected to the proposed lighting of the spire on the ground that it would cause a lot of light pollution. The petitioners responded that they had taken their architect's advice and also that of a specialist lighting consultant and as a result they are looking to use modern LED type lights which minimise light pollution by focusing the light to specific areas and thereby minimising spill and light pollution. The Chancellor was also aware of a recent visit by an officer of the planning department, who had recommended the fixing of the external light sources on the stonework, rather than on poles, and had not raised any concerns about light pollution. The Chancellor was satisfied that the petitioners had made their case and granted a faculty.