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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. Stephen Burnley [2017] ECC Bla 7

In 2005 pews had been removed from the side aisles of the church and had been replaced with chairs upholstered with a blue fabric. Also, carpet tiles in two contrasting blue colours had been laid in a chequer-board pattern in the aisles. The petitioners now wished to lay similar carpet tiles and introduce more upholstered chairs into the nave, to create 'a more flexibe space'. (There was also a proposal to update the heating.) The Victorian Society objected to the removal of the pews and further carpet tiles, but was not a party opponent. In spite of slight reservations about the blue colour of the carpet tiles, the Chancellor concluded that the scheme would "give a more unified appearance and will serve the aims that the petitioners seek to achieve." He accordingly granted a faculty.

Re St. Stephen Selly Park (1) [2013] Mark Powell Ch. (Birmingham

An interim hearing at which the Chancellor approved part of the proposals contained in the Petition, namely, the demolition of the parish room extension on the north side of the church and its replacement with a new parish centre extension, leaving outstanding proposals for a new glass foyer to link the new parish centre with the west end of the church.

Re St. Stephen Selly Park (2) [2013] Mark Powell Ch. (Birmingham)

Faculty granted for foyer to link extension on the north side of the church to the west end; new west door; moving of the font; and external block paving.

Re St. Stephen Walbrook (2) [2013] Nigel Seed Ch. (London)

The Chancellor refused to grant leave to appeal against his decision to grant a faculty to authorise the sale of a painting entitled 'Devout Men taking the body of St. Stephen".

Re St. Stephen Walbrook [2013] Nigel Seed Ch. (London)

The Chancellor granted a faculty to authorise the sale of a painting entitled 'Devout Men taking the body of St. Stephen", being satisfied that there was a financial need for the sale.

Re St. Swithun Cheswardine [2015] Stephen Eyre Ch. (Lichfield)

The Chancellor refused to grant a faculty to allow the petitioner's father's cremated remains to be exhumed and scattered with the petitioner's mother's cremated remains at Skerray in northern Scotland. The petitioner's mother had said before she died that she felt she had made a mistake in having her husband's remains interred at the church and felt it more appropriate for the ashes of both of them to be scattered at Skerray, a place which had meant much to them during their lives. Following the guidelines laid down in the Court of Arches decision in Re Blagdon Cemetery [2002] Fam 299, the Chancellor stated that a change of mind as to a place of interment was not an exceptional circumstance which might justify exhumation. Also, the scattering of ashes would be contrary to the church's duty to protect interred remains, so that, once exhumed, they should be reinterred intact.

Re St. Thomas & St. Luke Dudley [2021] ECC Wor 2

The proposed works comprised the installation of a new heating system; the installation of an additional toilet; and the reconfiguring of part of the building used as the ‘Youth Room’. (The church is a "resourcing church",  with special funding from the Church Commissioners’ Strategic Development Fund for the purpose of growing the congregation to around 250 people and generating energy and resources for further church-planting elsewhere in the diocese.) Bearing in mind the Church of England's commitment to achieving net zero carbon emissions by 2030, the Chancellor was concerned about the proposal to install a new gas-fired heating system. However, an expert report indicated that the proposed new system should reduce overall gas usage by 35%. The Chancellor granted a faculty subject to a condition that gas supplied under a green tariff should be used where possible.

Re St. Thomas a Becket Lovington [2020] ECC B&W 1

The subject-matter of the petition was a piece of unconsecrated churchyard between the original churchyard and an adjacent lane. The proposal was to grant a 999 year lease of a strip of the unconsecrated land to the neighbour whose house lay at the end of the lane, which was of tapering width, in order to give the lane uniform width, to allow better access for cars and larger vehicles. There were objections from members of the family who owned the land on the opposite side of the lane. The Chancellor determined that the terms of the proposed lease would benefit both the neighbour and the church, and he granted a faculty. The judgment contains a discussion of the court's jurisdiction to permit the disposal of unconsecrated churchyard land.

Re St. Thomas a Beckett Salisbury [2023] ECC Sal 1

As the next stage in a programme of reordering, the petitioners wished to remove the old stone font and tall suspended font cover from the south-west corner of the church and place a newly designed timber and copper font at the west end of the central aisle. The proposal was for the old font to go to a Roman Catholic church in West Grinstead without the cover, which was too large to be accommodated at the West Grinstead church, or to otherwise dispose of the font and the cover by sale. The Chancellor determined that the font should be transferred to West Grinstead without the cover, which should be retained in the church of St. Thomas. The Chancellor considered whether she could authorise a new font without a cover, in view of Canon F1, which states that there “shall be provided a decent font with a cover”. She concluded that she could not, and therefore made it a condition of the faculty that a cover should be designed to fit the new font, the design to be agreed by the Diocesan Advisory Committee or approved by the Chancellor.

Re St. Thomas Ashton-in-Makerfield [2020] ECC Liv 1

Proposals for reordering included: replacement flooring;  replacement heating scheme and underfloor heating; replacement of nave pews with chairs; removal of the side chapel platform and communion rail; construction of a dais or platform with a removable communion rail; removal of the pulpit and the choir stalls;  provision of a ramped access to the chancel and the vestry; replacement of the audio-visual installation. There were several objections, principally to the removal of the pulpit and choir stalls in the chancel. The Chancellor was satisfied that the petitioners have provided compelling evidence of need to justify the grant of a faculty for the major reordering.