In a recent round-up we made brief mention of two strongly-worded judgments by June Rodgers Ch which highlighted a general ignorance of and blatant disregard for the faculty jurisdiction. Readers of our post Churchyard boundary dispute: “a most unpleasant case” will be aware that where appropriate, diocesan Chancellors do not mince their words, Re Emmanuel Leckhampton [2014] Gloucester Const Ct, Rodgers Ch. and Re St. Giles Uley [2014] Gloucester Const Ct, Rodgers Ch. ; the emboldened sections in the two judgments indicate the considerable exasperation at the behaviour of some of the parties involved.
In Re Emmanuel Church, Leckhampton, the conduct of the priest-in-charge and the churchwardens was described as “really, really stupid” although there was “no evidence they have caused the church actual financial loss”: they were fortunate that the Chancellor considered that “it would not further the mission of the Church to visit the burdens and costs of consequent litigation upon [them] personally”. In Re St Giles Uley, however, “[the] failures by the Petitioners have given rise to substantial costs, estimated, subject to assessment at about £4,000, the vast majority of which arise from untangling [the] mess”.