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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 The Church of the Ascension Hall Green [2015] Mark Powell Ch. (Birmingham)

Faculty granted for the installation of an audio-visual system in a Grade II* Queen Anne church.

Re The Churchyard of Quarrington Hill [2016] ECC Dur 1

The Petitioner applied for permission to erect a memorial to her son, who had been tragically run over and killed by a motor car. The memorial as installed bore features which were not mentioned in the memorial application - black stone; gold lettering; a photo plaque; the insignia of a football club; and the club colours (red and white) painted in alternate stripes along the edges of the memorial. The Chancellor directed that the edges of the memorial should be painted black, and the photo plaque should be removed or replaced with an incised, uncoloured portrait. In default of the amendments being made within three months, the Chancellor directed that the memorial should be removed from the churchyard.

Re The Community of the Resurrection Mirfield [2010] Paul Downes Ch. (Wakefield)

There were proposals for reordering and the objector objected to the moving of the tombs of two bishops who were founding members of the Community, the levelling of the floor, the provision of heating and lighting, and the removal of the choir stalls and screen. The Chancellor directed the issue of a faculty for all the proposals, apart from the moving of the two tombs.

Re the Cremated Remains of AA [2018] ECC Lic 7

This is an anonymised judgment. The petitioner proposed to be buried in the same grave as her late sister and parents. However, when her sister's husband died, his cremated remains were interred in the same grave, notwithstanding that a granddaughter of the late sister had specifically asked the parish priest not to inter the husband's remains in the same grave, alleging that the husband had subjected her to repeated sexual abuse when she was young, and it would cause great distress to the family to have his remains in the same grave where the remains of some members of the family were already interred and where other members of the family wished their remains to be interred. The Chancellor decided that the continuing family distress which would be caused by allowing the husband's remains to be left in the grave amounted to exceptional circumstances justifying exhumation. He therefore granted a faculty for the exhumation of the husband's cremated remains and for reinterment of the remains in another churchyard.

Re The Holy Redeemer Lamorbey [2018] ECC Roc 1

There were extensive reordering proposals for the 1930s unlisted church at an estimated cost of nearly £1,000,000 (of which £775,000 was already available from the sale of some property): substantial reordering of the church, works to the church hall, which is a detached building, and other external works, involving the creation of an external play area, slight relocation of the war memorial, and widening of existing footpaths. The Twentieth Century Society raised no objections to the proposals. The Chancellor granted a faculty subject to a condition that no work should commence until the Parochial Church Council had raised at least £900,000.

Re The Holy Rood Shillingstone [2021] ECC Sal 2

The incumbent and churchwardens sought a confirmatory faculty in respect of temporary reordering works previously authorised by an Archdeacon's Licence. The works comprised the removal of eight pews (simple pitch pine benches) and two pew frontals from the west end of the nave, together with the consequential floor repair and making safe of exposed electrical wiring. There were several letters of objection from local people. The Chancellor granted a faculty, being satisfied that the proposed changes would not result in harm to the significance of the church as a building of special architectural or historic interest and that the Petitioners had discharged the burden upon them in proving that the proposed change was justified, namely, providing easier access to the nave for those with wheelchairs or pushchairs.

Re The Holy Saviour Bitterne [2019] ECC Win 3

Extensive reordering was proposed, including an extension to the church;a mezzanine floor and glazed screen within the church; and the replacement of pews with wooden chairs. There were four parties opponent and the Victorian Society submitted a written objection. The Chancellor granted a faculty subject to conditions (inter alia) that the stone floor should not be covered with wooden flooring, and the poppy-headed stalls should be retained.

Re The Royal Burial Ground Frogmore [2013] Rupert Bursell Ch. (Oxford)

The Ambassador of the Embassy of the Republic of Serbia petitioned the Consistory Court of the Diocese of Oxford for permission to exhume the remains of Queen Maria of Yugoslavia from the consecrated Royal Burial Ground at Frogmore for reinterment in the unconsecrated family crypt in St George’s Church, Oplenac, in the city of Topola, Serbia. Although a faculty would not normally be granted for exhumation where reinterment would not take place in consecrated ground, the Chancellor was satisfied that the remains would be reinterred in "a place of real permanence", namely the royal mausoleum in Serbia, and he accordingly granted a faculty.

Re The Venerable Bede Wyther [2018] ECC Lee 3

In 2002 a faculty was granted for the installation of telecoms equipment in the church tower. A document entitled "Lease of Rights" was entered into by the then incumbent and the PCC and O2 (UK) Limited, but it was not authorised by the faculty. In 2013 the telecoms company wished to make changes to the equipment. Some work was done without faculty, but then an application was made in 2016 for a confirmatory faculty to approve the additional works. It was not clear to the Chancellor till much later that some of the work had not yet been done. The Chancellor was concerned about the lack of proper representation, the proposed draft lease/licence, and that before the proceedings were concluded the telecoms company decided to withdraw from the site, so that the Chancellor had to approve terms for the decommissioning of the equipment.

Re The Wisdom of God Lower Kingswood [2025] ECC Swk 1

This judgment concerned a preliminary issue as to whether a faculty would be required for the sale of a Greek lectionary, which had been given to the church in 1948. The church is unlisted and unconsecrated, but in 1990 the Bishop of Southwark made an order under the provisions of section 6 of the Faculty Jurisdiction Measure 1964, making the church subject to the faculty jurisdiction. The lectionary had never been kept in the church. It was originally put into a bank vault, but allegedly displayed in the church occasionally on festival occasions. In 1968 it was loaned to the British Library. In 2019 the British Library informed the parish that it no longer wished to have the lectionary on loan, and it was transferred to Trinity College, Cambridge. Notwithstanding that the lectionary had rarely, if ever, been in the church, the Chancellor decided that it could still be described as part of the contents of the church, even if its whereabouts were not physically inside the church. Therefore, a faculty would be required to authorise a disposal of the lectionary.