Security for costs vs uncertainty of evidence in consistory court hearing

Achieving judicial balance where the outcome is (almost) certain

The installation of telecommunications equipment in church towers is now well-established and is underpinned by rigorous technical standards, both domestic and international, and by supportive case law within the ecclesiastical courts. Nevertheless, new installations are considered on a case-by-case basis, and in the recent interim judgment Re St James Kidbrooke [2016] ECC Swk 13, it was necessary for the chancellor to balance an objector’s right to be heard against the petitioners’ petition for security for costs. Continue reading