Index to consistory court judgments reviewed in 2015
The judgments reviewed by L&RUK in 2015 have been grouped under the following headings:
- Reordering, extensions and other building works
- Audio Visual Equipment
As from 1 January 2016, judgments in the ecclesiastical courts will be given a neutral citation number.
- Re Bexleyheath Steeple Memorial Gardens  Rochester Const Ct Municipal development on site of former church.
- Re St. Anne Aigburth  Liverpool Const Ct. Reordering and AV installation for Grade II church.
- Re St. George Worthing  Chichester Const Ct Creation of servery area and toilet facilities.
- Re St. John the Baptist Penshurst  Court of Arches Appeal against the decision permitting removal from the church of a Victorian eight bay screen by Bodley & Garner and its reinstallation in a church in Leicestershire. Although successful, Arches Court reconsidered and approved petition.
- Re St. Peter Lapal  Worcester Const Ct Installation of ramp for disabled access.
- Re St. James the Apostle Islington  Islington Const Ct. Faculty granted against local opposition, although the conditions imposed by chancellor reflected the spirit, if not the detail, of the objections raised.
- Re St. Paul Norden  Manchester Const. Ct. Removal of pews.
- Re All Saints Maidstone  Canterbury Const Ct Replacement of pews.
- Re St. Mary Slindon  Chichester Const Ct. Lavatory and roof repairs.
- Re All Saints High Wycombe  Oxford Const Ct. Reordering Grade I church.
- Re All Saints Otley , West Yorkshire & The Dales Const Ct. Major reordering of Grade I church.
- Re St. Peter & St. Paul Rustington  Chichester Const Ct. Major reordering of Grade I church
- Re St. John Bowling  West Yorkshire & The Dales Const Ct. Extension and modification of an iron-framed church.
- Spitalfields Open Space & ors v The Governing Body of Christ Church Primary School, , Court of Arches Appeal against judgment on restoration order.
- Re All Saints West Dulwich , Southwark Const Ct. Use of existing lavabo and its niche to provide an aumbry for reservation of the sacrament.
- Re Brighton St. Peter  Chichester Const Ct. Re-introduce of choirstall pews into Lady Chapel of “church plant” from HTB.
- Re St. Thomas Sutton-in-Craven  Mark Hill Ch. (West Yorkshire & The Dales) Confirmation of temporary reordering certificate for replacement of pews and installation of draught protection.
- Re Christ Church Spitalfields  Court of Arches. Appeal on refusal of application for restoration order in consistory court.
- Re St. Mary Southgate  Chichester Const Ct. Building works to reverse decay.
- Re St. Mary Ringmer  Chichester Const Ct. Removal of two pews.
- Re All Saints with St. Lawrence, Evesham  Worcester Const Ct. Removal of all pews from Grade 1 church.
- Re St. Peter & St Paul Coleshill  Birmingham Const Ct: Major reordering project.
- Re St. John Knypersley  Lichfield Const. Ct: Replacement of pews with chairs.
- Re St. Aidan, Skelmanthorpe : West Yorkshire & The Dales: Construction of extension and relocation of font.
- Re St Margaret, Horsforth  West Yorkshire & The Dales: Extension of chancel and other reordering.
- Re St. Aidan Hellifield  West Yorkshire & The Dales: Removal of some pews; a carpeted nave dais; removal of the riddel posts; upholstered chairs;and other items.
- Re St. Nicholas Addlethorpe  Lincoln Const Ct Use of Terne Coasted Stainless Steel, (CTS), for roofing following theft of lead.
Audio Visual Equipment
- Re St. Peter & St. Paul Bassingbourn  Ely Const Ct. Installation AV equipment and screen to replace unsatisfactory temporary arrangements in a Grade I church.
- Re The Church of the Ascension Hall Green  Birmingham Const Ct: Audio-visual system in a Grade II* Queen Anne church.
- Re St. Andrew Shifnal  Lichfield Const. Ct: New audio-visual system for a Grade I church.
- Re Wandsworth St Anne  Southwark Const Ct: Health and other IT issues, assessment of “modest harm” on Grade II* building, secular and ecclesiastical criteria.
A further consideration of telecommunications issues involved was given in “Wi-Fi in churches – health effects, courts’ jurisdiction and locus standi,” (8 January 2015).
Problems of access
- Re St. Peter Gunton  Norwich Const Ct. Difficult access to grave for octogenarian*.
- Re St. Matthew Stretton  Chester Const. Ct: Reservation of grave by new partner for burial of ashes in existing interment*; and Re St. Matthew Stretton  Chancery Court of York: Appeal*.
- Re Astwood Cemetery  Worcester Const Ct: Temporary and permanent storage of cremation “ashes”.
- Re Chalcroft Lane Cemetery Regis  Chichester Const Ct Petition for exhumation refused – no special reason or circumstances identified*.
- Re St. Andrew, Witchford  Future burial with former partner*.
- Re All Saints Barrowby  Lincoln Const Ct, Exhumation of remains for reburial in Italy
Errors in burial
- Re St. Nicholas Codsall  Lichfield Const Ct. Exhumation from inadequately-dug double depth grave of insufficient depth.
- Re Twyford Cemetery  Oxford Const Ct. Resolution of problem resulting from burial in wrong plot through “human error”.
- Re St. Agatha Woldingham  Southwark Const Ct: Exhumation from frequently waterlogged part of churchyard.
- Re Holy Trinity Stratford upon Avon  Coventry Const Ct Faculty granted for plaque marking cremation remains, despite earlier “floodgates” arguments. Special circumstances identified.
- Re St Leonard Beoley  Worcester Const Ct: Removal of skull, said to be that of Shakespeare, from vault for tests on authenticity*.
- Re St James, Gorton  Manchester Cons Ct: Excavation of grave to seek evidence said to be left by Moors Murderer, Ian Brady*.
- Re Holy Trinity Eccleshall  Lichfield Const Ct* Faculty refused for memorial contrary to Churchyard Regulations, reflecting Chancellor’s 2012 judgment.
- Re Christ Church Lye  Worcester Const Ct: Local council’s duty re: subsidence caused by trees in a closed churchyard under its control
- Re St. Peter Croft-on-Tees  West Yorkshire and the Dales Const Ct: Permission refused for addition of kerbs and chippings to a memorial on existing grave*.
- Re St. Mary, Wath  West Yorkshire & The Dales Const Ct, Mark Hill Ch. removal of kerbing around graves.
In March 2015 we explored “Reservation of burial space” with reference to: Re St. Wilfrid Grappenhall  Chester Const Ct, David Turner Ch. which considered the establishment of a “no-reservation” policy by the PCC; and Re All Saints Heathfield  Chichester Const Ct, Mark Hill Ch. in which there were only “four or five” burial spaces available at the time of the hearing.
- Re Holy Trinity Cambridge  Lincoln Const Ct. Replacement of pipe organ, conditional on selection of “high quality replacement organ suitable to the building”, to be approved by the Diocesan Organ Advisor and by the Chancellor.
- Re All Saints Rothbury  Newcastle Const Ct Refurbishment of pipe organ.
- Re St. Bartholomew Kirby Muxloe  Leicester Const Ct, David Rees Dep. Ch. Replacement the stone font with a new font of controversial modern design. Censure of those acting without faculty.
- Re St. Peter Shipton Bellinger  Appeal by the Victorian Society against the judgment of the Chancellor of Winchester Diocese granting a faculty to replace the existing, Victorian font with a new font made of Purbeck stone.
We have considered the disposal of fonts further in “They bury fonts, don’t they?” (7 April 2015), in “Last rites for fonts – continued” (17 April 2015), and in Burial and destruction of unwanted fonts – further clarification, 31 May 2016.
Bells Re Holy Cross Scopwick  Lincoln Const Ct, Mark Bishop Ch. Disposal of unusable bell.