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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. Nicholas Southfleet [2019] ECC Roc 2

The churchwardens petitioned for a faculty to authorise the removal of the existing cast iron radiators and pipework in the church, the introduction of six convector heaters, and the introduction of an insulated ceiling in the vestry. The Diocesan Advisory Committee did not recommend the proposed insulated ceiling, stating that the vestry space was not a large one to heat; "the proposed ceiling would hide the timbers of the roof structure which, although not medieval, are substantial looking timbers with pegged joints"; and "the proposed ceiling may make the room feel 'claustrophobic' for those using it." The vestry was used by the parish priest as an office and the insulated ceiling had been proposed in order to prevent heat from the small heater being lost upwards to the high ceiling. The Chancellor was satisfied that the petitioners had made out a case of need,  and that the work would not cause damage to the fabric and was reversible. He accordingly granted a faculty.

Re St. Nicholas Tackley [2022] ECC Oxf 4

The Commonwealth War Graves Commission wished to erect a standard  Commission memorial in the churchyard, in memory of a serviceman murdered in Ireland in 1921. The serviceman's body was buried in the churchyard in 1921, but the precise location of the burial was not known. A faculty application was necessary, because the churchyards regulations only allowed a memorial to be placed where a body had been buried. The Rector and Parochial Church Council were concerned that the installation of a memorial to a soldier who died during the Anglo-Irish war in 1921 might give rise to social 'sensitivities'. The Chancellor decided that it was appropriate to allow a memorial to the deceased soldier, even though the exact location of his buried remains was not known. At the top of the memorial, the words “Buried elsewhere in this churchyard” would be inscribed. The Chancellor also considered that there would be no good reason, in terms of pastoral sensitivities, to disallow the memorial. The location of the soldier's death (Ireland) would not be mentioned on the memorial. Moreover, a memorial commemorates the individual, not the circumstances in which he died.

Re St. Nicholas Warwick [2010] Stephen Eyre Ch. (Coventry)

The petitioners proposed the removal from the church of the existing pipe organ and its replacement with a combination organ, reusing the case and pipes from the existing organ with added digital elements. It was accepted by all interested parties that the existing organ produced a poor sound and that repair was not practicable. However, the Diocesan Advisory Committee and the Church Buildings Council did not favour a hydrid organ. Nevertheless, the Chancellor determined that in the particular circumstances of this case, a faculty should be granted for the proposed combination organ.

Re St. Nicolas Great Bookham [2022] ECC Gui 3

The parish wished to carry out extensive internal reordering works to the church. The main item of contention was the removal of the 19th century stained deal pews (in order to afford greater flexibility to worship and community activities) and their replacement with 200 Howe 40/4 chairs The amenity societies had several reservations about the proposed works. The Victorian Society proposed the retention of a block of five pews either side of the central aisle. The Chancellor decided that a mixture of modern chairs and 19th century pews would look incongrous and not serve the ambitions of the church to engage more with the community: " ... in seeking to serve two masters, present needs and past aesthetics, there is the risk that it properly serves neither.  I am satisfied that the parish’s genuine wish is to be able to offer a resource to the community that it cannot presently offer." He therefore granted a faculty which authorised, inter alia, the replacement of all the pews with chairs.

Re St. Nicolas Guildford [2020] ECC Gui 3

The Chancellor granted a confirmatory faculty for the replacement of a modern octagonal entrance vestibule to the church by extending the front entrance and providing information panels about the Loseley Chapel; incorporating the former outside gravel area and south wall of the Chapel into an internal, informal meeting space; expanding the current kitchen area and the installation of underfloor heating throughout the new entrance and reception areas, together with reglazing and the renewal of the heating and ventilation system.

Re St. Olave York [2021] ECC Yor 4

The Chancellor granted a faculty for a memorial to be placed inside the church in memory of Dick Reid. The requirement of exceptionality was satisfied as the deceased had been an internationally renowned sculptor and letter carver.

Re St. Oswald Crowle [2024] ECC Lin 6

The petitioner wished to exhume from the churchyard the ashes of her father, who had died in 1991, and to reinter the ashes in Crowle Cemetery, where the ashes of the petitioner’s recently departed mother were to be interred. In 1991, Crowle Cemetery did not have an area set aside for cremated remains, but now there was such an area, and the family wished to ensure that the petitioner’s parents were buried together. The Chancellor was satisfied that exceptional reasons existed in this case for an exhumation to be permitted.

Re St. Oswald Dean [2016] ECC Car 5

The Chancellor refused to allow a design of the Masonic square and compasses to be added to a memorial to the Petitioner's late husband, who had been a Freemason for forty years, latterly holding high office in Freemasonry.

Re St. Oswald Filey [2019] ECC Yor 8

During the parish priest's absence, whilst attending a course, a burial took place in the closed churchyard. Prior to his absence, the priest had told the funeral director and the family that a burial could not take place, unless in accordance with one of the exceptions in the Order in Council closing the churchyard for burials, namely: (1) where a grave had been reserved by faculty; (2) where a person could be buried in the same grave as a relative. (Also, cremated remains can be buried in a closed churchyard.) The funeral director arranged for the deceased to be buried next to the deceased's brother in a tight space between two graves. The Chancellor determined that the interment was unlawful, and could not be made lawful retrospectively by the Ministry of Justice or the court, but he decided that no action should be taken to disturb the burial or to refer the matter for police investigation.

Re St. Oswald Methley [2016] ECC Lee 2

The Chancellor refused to grant a faculty for the reservation of a double grave, as there were very few empty grave spaces left in the churchyard.