As in previous years, the judgments reviewed in L&RUK during 2017 have been grouped under the following headings.
[Further summaries for December 2017 judgments will be added after the December/January round-up has been posted.]
- Reordering, extensions & other building works .
- Church Treasures/Sale of Paintings &c/Loans .
- Audio Visual Equipment .
- Telecommunications .
- Exhumation .
- Churchyards and burials .
- Organs .
- Bells .
- Environmental Permits .
- CDM Tribunals .
This summary also includes links to other posts relating to ecclesiastical law.
- Demolition .
- Substantial reordering .
- Reordering and alternative uses .
- Other building works, including re-roofing .
- Removal and replacement of pews &c  plus 5 others.
Re Upton St. Mary (or Overchurch) [2015 to 2017] In 2015, Chancellor concluded that it was within his jurisdiction to determine whether church centre was within church’s curtilage. Following 2016 grant of faculty for proposed centre, application made by objectors to Chancery Court of York for leave to appeal. Auditor of Chancery Court gave leave to appeal on only one of objectors’ grounds; appeal to the Chancery Court of York withdrawn as a result of a Consent Order.
Re Holy Trinity Hull  ECC Yor 1 Major reordering, for which Victorian Society was a party opponent, objecting principally to the proposed removal from the nave of “one of the most magnificent and extensive suites of Victorian church seating in the country”. Faculty granted. [Back] [Top]
Re St. Peter Bratton Fleming  Faculty sought for extensive re-ordering and refurbishment of Grade II church. Seventy objectors, three parties opponent. The Chancellor approved the proposals relating to some elements of reordering, but sufficient case not made to justify the remaining items. [Back] [Top]
Re St. Peter Bratton Fleming  ECC Exe 2* Pulpit was removed from the church in 2012 without authority. Chancellor determined that the arguments for removing the pulpit had not changed since 2010, and accordingly he now refused again to grant a faculty for its removal. [Back] [Top]
Re St. Botolph Longthorpe  ECC Pet 1 Faculty to authorise major scheme of reordering, notwithstanding objections of ChurchCare, Historic England, and the Victorian and Twentieth Century Societies. [Back] [Top]
Re St. Botolph Longthorpe  EACC 4 Dean of Arches granted leave for the Victorian Society to appeal on limited grounds against a decision of the Chancellor of the Diocese to allow reordering works in Longthorpe Church. [ Back] [Top]
Re St. Andrew Donhead St. Andrew  ECC Sal 1 Faculty granted for major reordering of the Grade II* church, costing £500,000. Seven parties opponent, but harm to building modest, justification for works strong, and public benefit would outweigh any harm. [Back] [Top]
Re St. Michael Cambridge  ECC Ely 1 Faculty granted for removal of remaining pews from the chancel, raising floor level and replacement of pews with seats. Victorian Society objected re: removal of Victorian fittings. [Back] [Top]
Re St. Mary Watford  ECC StA 1 Deputy Chancellor granted faculty, as this was exceptional case where extensive reordering was necessary to meet the needs of the church and the local community. Victorian Society party opponent. [Back] [Top]
Re St. Nicholas Great Kimble  ECC Oxf 3 Faculty granted for substantial reordering. Benefit to local community outweighed any minor harm to the character of the building, subject to non-upholstered pew benches. [Back] [Top]
Re St. Bartholomew Otford  ECC Roc 4 Several written objections to extensive reordering works were proposed for the Grade I church, but no objections from the amenity societies consulted. The Chancellor, satisfied that the petitioners had made out a good case for the works, granted a faculty. [Back] [Top]
Re Botcherby St. Andrew  ECC Car 3 Victorian Society objected to: removal of all but two pews; carpeting of nave and erection of a partition to create meeting room, WC and kitchen. Chancellor granted faculty subject replacement chairs being of solid wood and not upholstered. [Back] [Top]
Re St. Katharine Holt  ECC Sal 2 Victorian Society and CBC expressed concern about: removal of Victorian pews; introduction of plastic upholstered chairs; and introduction of carpeting to the north aisle. Chancellor approved reordering apart from chairs. Proceedings adjourned 6 months for selection of alternative type of chair. [Back] [Top]
Re St. John Waterloo  ECC Swk 1* Faculty refused for reordering proposals of early 19th century Grade II* church. No sufficiently clear and convincing justification for carrying out the proposals which would outweigh the potential harm to the 1951 interior scheme. [Back] [Top]
Re St. Matthew Leyburn  ECC Lee 1 Petition contained two proposals: “a relatively modest re-ordering of the north aisle and related works”; and formation of car park. Faculty granted. [Back] [Top]
Re St. John Waterloo  EACC 3 The Dean of Arches gave leave to appeal on two of five grounds set out in the application relating to reordering of church, Re St. John Waterloo  ECC Swk 1, supra; he also gave directions as to costs. In the event, the parish decided not to pursue its appeal. [Back] [Top]
Re St. Andrew Kettleburgh  ECC SEI 4 Faculty granted for reordering, including works to the south porch and the west end of the nave, of and repositioning of three rows of pews/adjustment of floor levels. [Back] [Top]
Re St. Andrew Earlsfield  ECC Swk 5 Faculty granted for reordering of Grade II church included replacement of nave pews with oak chairs; “a clear case where significant public benefit outweighs modest harm”. [Back] [Top]
Re St. Mary Magdalene Richmond  ECC Swk 7 Petition sought reordering: replacement of pews; new stone floor with under-floor heating. Victorian Society objected to removal of quarry tiles; also reservations on position of ledger memorial stones. Faculty granted for all works, including removal of the Victorian quarry tiles, subject to ledger stones remaining in existing positions. [Back] [Top]
Re St. Mary Magdalene Clitheroe  ECC Bla 8 Two petitions submitted re: reordering. Faculty granted since harm to significance of building caused by removal of furniture and fittings outweighed by liturgical freedom created, and potential public benefit from flexible area for worship and other diverse activities. [Back] [Top]
Re Christ Church Upper Armley  ECC Lee 5 Faculty granted for permanent removal of pulpit, previously moved under archdeacon’s licence. Archdeacons warned re: management of licences for temporary reordering under FJR. [Back] [Top].
Re Plaxtol Parish Church  ECC Roc 3 Petitioners sought to introduce carpets in the nave but DAC considered it inappropriate for a Grade II* church – “being too domestic in appearance”. Historic England also objected but Chancellor was satisfied that the petitioners had made out a good case. Faculty granted. [Back] [Top]
Re St. John the Evangelist Read-in-Whalley  ECC Bla 1 Faculty granted for replacement of existing plain glass window with a stained glass design, a gift to the church from a living donor, the Rt. Hon. Lord Waddington GCVO, with an inscription stating that it was a gift to the church from him. [Back] [Top]
Re St Michael & All Angels Croston  ECC Bla 5 Faculty granted for work on rotten/infested roof timbers and floorings, necessary for future structural integrity, and prevent complete loss of buildings. HLF funds available, and include requirement for disabled access. Some pew removal. [Back] [Top]
Re St. Helen Denton  ECC Lee 2 Faculty granted for extension to north side of the church and construction of a new car park. The proposed extension would house a small kitchen and lavatory facilities. Chancellor satisfied that “public benefit would outweigh measurable, though not serious, harm that would result.” [Back] [Top]
Re St. Barnabas Eltham  ECC Swk 4 Faculty granted for removal of: chancel and sanctuary furniture, but not Holy Table; row of pews at east end of nave; new carpeted, raised floor; underfloor heating; additional lighting in chancel; and replacement/repositioning of electronic organ. Twentieth Century Society objected to the removal of the choir stalls and the Communion rail. Communion rail to be retained, but moved further east. [Back] [Top]
Re St. Stephen Burnley  ECC Bla 7 Faculty granted for extension of 2005-approved scheme – blue upholstered chars and carpet tiles – to create “a more flexible space” and “give a more unified appearance”. [Link to post] [Back] [Top]
Re All Saints Bramham  ECC Yor 3 The Chancellor granted a faculty for some minor reordering of the chancel of the church, to include moving the stone altar forward by 1 metre, to allow the celebrant to face westwards. The work also included the removal and disposal of the children’s choir stalls. [Back] [Top]
Re St. Mary Bromley (Plaistow)  ECC Roc 5 Faculty granted for reordering of unlisted Victorian church. Re St. Alkmund Duffield  guidelines did not engage but petitioners had made out a good case for the proposed works. [Back] [Top]
Re St. John Out Rawcliffe  ECC Bla 11 Faculty granted for installation of stained glass window in the Grade II church in memory of the late husband of church organist. Chancellor did not consider that he had to treat an application for memorial window in the same way as application for a memorial in church. [Back] [Top].
Re St John the Baptist, Saints Lawrence and Anne, Knowle  ECC Bir 1. Interim faculty granted allowing the GRP (Glass Reinforced Plastic) rainwater goods to remain for a further 5 years, after which they should be replaced with metal, if the general advice of the heritage bodies has not changed by the end of that period. [Back] [Top]
Re St. Philip and St. James Whittington  Ecc Wor 1 Petition sought for extension to north of west end of church, to provide a meeting room &c to replace facilities provided by temporary Portacabin in the churchyard. The decision turned on the impact of the proposed extension on a yew tree thought to be 700-750 years old. Faculty refused. [Back] [Top]
Re Holy Trinity Poynings  ECC Chi 3 The Chancellor dismissed the petition for the installation inter alai of underfloor heating beneath a new stone floor. Applying Re Duffield, he concluded that the harm would be considerable, and justification for the proposals relating to the heating was neither clear nor convincing, and were unlikely to achieve what the parish requirements of heating the whole church. [Back] [Top]
Re London St. Augustine Watling Street  ECC Lon 2 The Chancellor granted a faculty the construction of a new boarding house for St. Paul’s Cathedral School on the footprint of the former church), whilst retaining the Wren tower, notwithstanding an objection from Twentieth Century Society. [Back] [Top]
Re St. Peter & St. Paul Pettistree  ECC SEI 6 Chancellor granted restoration order to rectify unauthorized work directed by the architect; Chancellor directed cost of remedial work to be met by architect. [Back] [Top]
Re St. Simon Zelotes Upper Chelsea  ECC Lon 1 Faculty granted for reordering west end of church, introducing speakers into the chancel and making good tiles in floor at front of church. Victorian Society was party opponent. Chancellor satisfied that “any prejudice to the architectural integrity is outweighed by the pastoral and liturgical benefits and applying the balance of probabilities the Petitioners have made out their case.” [Back] [Top]
Re St. Mary the Virgin Redcliffe  ECC Bri 1* Faculty refused for: conversion of altar table in Lady Chapel to serve also as a chest of drawers suitable for storage of vestments as would be in breach of Canon F2. [Back] [Top]
Re St. Mary the Virgin Buckland  ECC Swk 6 Faculty granted for removal of three pews from east end of nave, two on south side and one on north side, to provide more space for wheelchairs &c. Modest harm would be outweighed by the clear and significant public benefit. [Back] [Top]
Re St. Nicholas Fundenhall  ECC Nor 5 Contrary to judgment in October 2014, inappropriate new nave chairs/pews ordered. Historic England and Victorian Society objected. Faculty granted for 10 years, but PCC to put forward proposals for alternative chairs before then. [Back] [Top]
Re All Saints West Burnley  ECC Bla 6 Faculty granted for replacement of pews and chair chairs with new wooden chairs having upholstered seats and backs. The judgment contains a discussion on the nature of the CBC Guidance on Seating and its application. [Link to post] [Back] [Top]
Re St. Mary Magdalene Cresswell  ECC Der 6 Chancellor granted a faculty for removal of side aisle pews; existing plastic chairs not to be left in side aisles when not needed and petitioners to provide detailed proposals for replacement chairs end of 2019. [Back] [Top]
Re St. John the Evangelist Killingworth  ECC New 2 Chancellor determined that petitioners made a good case for removal of pews from the nave and for replacement chairs with upholstered seats, but not for removal of the pews from the chancel; this would maintain discrete formal area, which would not affect objective greater flexibility of worship and other events in the nave. [Back] [Top]
See also contemporary judgment of Re St. Stephen Burnley  ECC Bla 7, supra.
Re All Saints Higher Walton  ECC Bla 9 Faculty granted for changes to heating system, removal of the side aisle pews and introduction of upholstered chairs to match the chairs in the centre of the nave; Victorian Society objected to more upholstered seating. Chancellor concluded “It would not be reasonable to deny the petitioners more of the same sort of chair”. [Link to review] [Back] [Top].
Re Bath Abbey  ECC B&W 1 The Chancellor granted a faculty to allow the pews in the nave to be replaced with chairs, subject to the chairs being stained to match the other furniture in the Abbey. [Link to post] [Back] [Top]
In the following which are reviewed above, there was consideration to the removal of pews:
Re Botcherby St. Andrew  ECC Car 3
Re St. Katharine Holt  ECC Sal 2
Re Holy Trinity Hull  ECC Yor 1
Re St Michael & All Angels Croston  ECC Bla 5
Re St. Andrew Earlsfield  ECC Swk 5
Re St. Mary Magdalene Richmond  ECC Swk 7
Re St. Stephen Burnley  ECC Bla 7
Re St. Ann Oldland  ECC Bri 2 Confirmatory faculty granted for the loan of Ecce Homo by Murillo to Bristol Art Gallery in 2012, which had taken place without authorization. The Church Buildings Council supported the loan; good quality copy to be placed in church. [Back] [Top]
Re St. Mary and St. Cuthbert Chester-le-Street  ECC Dur 1 The proposal was to install four 50 inch LCD monitors on pillars in the nave of the church, plus a 24 inch monitor in the choir vestry and a 32 inch monitor on a wheeled trolley, plus associated electronics and wiring. There were several objections from parishioners. Historic England and the Council for the Care of Churches objected that the monitors would be intrusive and harm the character of this historically significant Grade I church, which has associations with St. Cuthbert. The Chancellor refused to grant a faculty so far as the four largest screens were concerned. [Back] [Top]
Re St. Peter & St. Paul Bromley  ECC Roc 6 The incumbent, the associate vicar and the churchwarden applied for a faculty for the introduction of an audio-visual system into the Grade II* church. There was one letter of objection, from the assistant organist, who did not wish to be a party opponent. His concern was that the evangelical style of worship of the present vicar and associate priest would result in excessive use of the audio-visual equipment, which “does not fit with the very middle of the road Anglican choral tradition that we have here.” The Chancellor found no merit in the assistant organist’s arguments, and did not feel that they were representative of the views of the members of the church as a whole, and he accordingly granted a faculty. [Back] [Top]
Re St. John the Evangelist Ladywood  ECC Bir 3 Faculty granted for installation of new audio-visual system in church. Chancellor saw no reason to make the petitioners delay the installation of a new system pending new technology, as suggested by Historic England. [Back] [Top]
Re St. Peter & St. Paul Heydon  ECC Nor 2 Faculty granted for installation of wireless broadband equipment in the tower of the church. Equal value of each PCC vote; relative merits of tower vs satellite broadband. Benefit to community. [Back] [Top]
Re Castle Bytham Cemetery  ECC Lin 1 Applying Re Blagdon Cemetery  Fam 299, Chancellor could not grant faculty on first ground, (petitioner and wife, due to their age and frailty, were unable to visit the grave) but he granted a faculty on the second ground, (establishment of family grave). [Back] [Top]
Re Kenilworth Cemetery  ECC Cov 3* Faculty refused for exhumation and re-interment of petitioner’s father’s ashes; no special circumstances, within guidelines in Re Blagdon Cemetery  Fam. 299. [Back] [Top]
Re St. Michael & All Angels Brownsover  ECC Cov 4* No exceptional reason to justify grant of faculty; the fact that churchyard at Brownsover was currently largely overgrown not a sufficient reason to justify the grant of a faculty. [Back] [Top]
Re St. Michael & All Angels Pelsall  ECC Lic 5 Chancellor decided that the combination of three circumstances – family’s unhappiness about interment in 1991, change in policy of PCC, and creation of a family grave by – justified grant of faculty.[Back] [Top]
Re Gravesend Cemetery  ECC Roc 1 Faculty granted for exhumation of petitioner’s father, d. 1992, for cremation and ashes taken to Italy to be interred with cremated remains of petitioner’s mother, d. 2015, in family grave. [Back] [Top]
Re St. Peter Edgmond  ECC Lic 4 Faculty granted for exhumation of cremated remains of petitioner’s father to another part of the same churchyard. “There is a proper and understandable proposal to reunite the remains of husband and wife in one plot in the same churchyard as currently contains those remains in separate plots”. [Back] [Top]
Re Welton Road Cemetery Daventry  ECC Pet 2 In 1987 petitioner reserved for herself a cremation plot but in 2015 burial authority mistakenly granted exclusive right of burial in same plot to someone else. Chancellor granted faculty for exhumation of cremated remains from reserved plot. [Back] [Top]
Re St. John the Baptist Boldre  ECC Win 1 Errors made by professionals involved re: advice to petitioners concerning tree root. Exceptional circumstances to for exhumation and re-interment; permission requires from Local Planning Authority re: severing root. [Back] [Top]
Re Fairmile Cemetery Lower Assendon  ECC Oxf 2* Errors (x2) by Town Council, strongly admonished for other illegal practices. Nevertheless, petition refused as did not meet Blagdon criteria. [Back] [Top]
Re Magdalen Cemetery Gorleston  ECC Nor 3 Faculty granted for exhumation of remains of petitioners father’s late wife’s cremated from cremated remains plot for re-interment in a full grave plot in the same cemetery. [Back] [Top]
Re Crigglestone Cemetery  ECC Lee 3* Faculty refused for exhumation of ashes of petitioner’s son so that they might be placed in a niche or columbarium in the garden of the petitioner’s home. [Back] [Top]
Re South London Crematorium  ECC Swk 8 Mistake made for “temporary” burial of ashes in consecrated ground. Chancellor authorised exhumation and re-interment as requested, but did not insist that the ashes should be reinterred in consecrated ground. [Back] [Top]
Re Greatness Park Cemetery Sevenoaks  ECC Roc 8 The petitioners applied for a faculty to authorise the exhumation of their father’s ashes and re-interment in the plot containing the ashes of their mother. The father had died in 2006. His ashes had been buried in the cemetery and a memorial placed over the plot. Space was left for the name of the mother on the memorial. When the mother died in 2017, it was discovered that the father’s ashes had been buried only two feet deep, so it was not possible to inter a further casket of ashes in the same plot. The petitioners therefore had their mother’s ashes buried at double depth in a nearby plot and applied for a faculty to move their father’s ashes to the same plot. The Chancellor decided that this was a case where he could exercise his discretion in allowing exhumation and re-interment, on the basis that the burial authority had made a mistake by failing to make it clear that a further burial in the first plot would not be possible. [Back] [Top]
Re Newcastle Under Lyme Cemetery  ECC Lic 6 The Chancellor determined that, owing to the mistake by the burial authority, he was justified in allowing the two exhumations and reinterments. [Back] [Top]
- Development of churchyard .
- Churchyard Regulations .
- Reservation of grave space .
- Trees .
Re Christ Church, Spitalfields  Court of Arches Chancellor granted confirmatory faculty to authorise the retention of an existing building currently standing in and on the disused graveyard of Christ Church. Objectors, who wished to restore the churchyard as an open space, sought a restoration order to demolish the new building [See: Re Christ Church Spitalfields  Court of Arches. [Back] [Top]
Re St. Mary West Worlington  ECC Exe 1 Faculty granted for installation of: four timber bollards along approach to churchyard; and iron gate and fence within the church boundary to prevent entry of livestock. [Back] [Top]
Re Camberwell Old and New Cemeteries  ECC Swk 2 Faculty granted for Southwark Borough to provide additional burial space. Many objections. The Chancellor was satisfied with the proposals and granted a faculty. [Link to post] [Back] [Top]
Re St. John the Baptist Hillmorton  ECC Cov 1 Faculty granted for single collective memorial for up to 120 names re: cremated remains of churchyard. Chancellor permitted use of honed granite stone, different from sandstone of church/other memorials, on grounds of durability and low impact. [Back] [Top]
Re St. Peter Terwick  ECC Chi 2 Petition granted for part of churchyard to be reused for burials, but court stayed issue of faculty until parish had considered bespoke churchyard regulations re: permitted stone. [Back] [Top]
Re St. Paul the Apostle Choppington  ECC New 1 Faculty granted retrospectively for laying flat 51 unstable memorials which had been found to be unstable in 2015 and those deemed to be unstable by a future inspection. Faculty granted subject to future laying flat required express approval of Archdeacon.[Back] [Top]
Re St. Peter Bredhurst (2)  ECC Roc 10 Chancellor granted confirmatory faculty for “retrospective approval for a prayer walk in the wooded area of the churchyard, including the introduction of a path, carved mushrooms inscribed with prayers and artwork designed following a study day.” [Back] [Top]
Re St. Michael Lichfield  ECC Lic 3 St Michael’s church and churchyard important to those of a Traveller Heritage. Faculty refused for large memorial in memory of petitioner’s late husband, and ultimately herself. Smaller memorial in would be permitted. [Back] [Top]
Re St. Mary the Virgin Eccleston  ECC Bla 4 Chancellor Bullimore granted a petition despite the opposition of the incumbent, made without the benefit of PCC consideration, and of the DAC, having changed its mind following a meeting with the incumbent. Basis of Churchyard Regulations forcefully questioned. [
Re All Saints Honington  ECC SEI 3 Faculty granted to Commonwealth War Graves Commission to replace a memorial bearing an inscribed cross to airman of Jewish descent with one bearing the a Star of David. [Back] [Top]
Re St. Helen Welton  ECC Yor 2 Faculty granted for removal of “desktop” style memorial. Family initially accepted it should comply with Churchyard Regulation, but when introduced through mistake of stonemason, were unwilling to permit its removal. [Back] [Top]
Re New Lonan Churchyard  EC Sodor 1 Vicar General refused to confirmatory faculty for wooden memorial shape of a treble clef sign; he ordered its removal within 56 days, but could be replaced with memorial of natural stone with suitably sized engraving of treble clef. [Back] [Top]
Re St. Mary Roughton  ECC Nor 1* Confirmatory faculty for retention of gravel placed over grave of petitioner’s late wife refused. To be replaced with turf by petitioner within 3 months, failing which by the churchwardens. [Back] [Top]
Re St. Andrew Buxton  ECC Nor 4 Confirmatory faculty sought for works of refurbishment to the area for cremated remains. Chancellor expressed concern re: aesthetics and maintenance. Faculty granted for 10 years, after which review required. [Back] [Top]
Re St. Mary Magdalene Lyminster  ECC Chi 1* Faculty refused for proposed memorial outside the churchyards regulations and it inappropriate for the churchyard, [black polished granite with matching kerbs filled with grey granite chippings]. Unlawful introduction of unsuitable memorials of a similar type irrelevant. [Back] [Top]
Re St. Werburgh Hoo  ECC Roc 7 The incumbent and churchwardens applied for a faculty to approve a local variation of the Churchyard Regulations. The Chancellor was satisfied that it was appropriate to approve a local set of regulations on aesthetic and practical grounds and to enable better management of the churchyard. It would be a condition of the faculty that families would be required to sign a notice confirming that they would comply with the regulations. [Back] [Top]
Re St. Leonard Ryton on Dunsmore  ECC Cov 2. Deputy Chancellor granted faculty for polished dark grey granite memorial in the shape of a traditional Gypsy caravan, but not the representation of a waggon on the reverse side. [Back] [Top]
In the Matter of George Goodall Deceased  ECC Bir 2* Petitioners unhappy that memorial to their relative was at the foot of the grave, and applied for permission to move the memorial to the head of the grave. Refused. [Back] [Top]
Re St. Bartholomew Old Whittington  ECC Der 4 The petitioner sought to install a memorial of York Stone and within the diocesan churchyards regulations, but Rector, PCC and others objected. Chancellor pointed out that a PCC can only have a variation to the diocesan regulations if such variation is approved by the Chancellor of the Diocese. Faculty granted. [Back] [Top]
Re Holy Trinity Coventry  ECC Cov 5 In 2007 PCC passed a resolution implementing a policy for restricting interment of ashes in closed churchyard Chancellor stated PCC’s policy could not override his discretion and granted a faculty for interment and memorial.[Back] [Top]
Re St. George Chorley  ECC Bla 12 Faculty granted, subject to conditions, for interment in granite casket in the baptistery, of priest who died in service. Case law on burial of ashes in church buildings reviewed. [Back] [Top]
Re All Saints Bransgore with Thorney Hill  ECC Win 3* Faculties refused for two proposed memorials; designs would be harmful both to character of the churchyard, and to the contribution it makes to the setting of the Grade I listed church. [Note revised neutral citation, ECC WIN 3, not ECC WIN 2] [Back] [Top]
Re St. James Uldale  ECC Car 1 The Chancellor was asked to determine whether an inscription including the word “Pop” should be allowed on a memorial in the churchyard. The Chancellor decided that, on the facts of this particular case, he would allow the use of the word “Pop” to be used on the proposed memorial. [Back] [Top]
Re St. Peter Bredhurst (1)  ECC Roc 9 Chancellor granted faculty for removal of “figurine gnomes, garden gnomes, figurine angels, cupids, balloons, and solar lamps, etc.” together with rose bushes and other shrubs planted on graves”. “As a matter of logic and common sense, since there are regulations in force, it would be manifestly absurd to have them broken as each person deems fit … In my judgment it is not proper for a person to take the law into his own hands, and then cry ‘foul’ when action is taken against him.” [Back] [Top]
Re St. Wilfrid Davenham  ECC Chr 2 Chancellor granted faculty for reservation of a grave in the special circumstances of the case, not on account of the petitioner’s position as a reader but on “reasonable expectations” of petitioner and his wife, held since 2010. [Back] [Top]
Re St. Michael Hulme Walfield  ECC Chr 1* Chancellor declined to grant a faculty since the reservation of a grave by faculty would override minister’s power to give or withhold consent to the eventual burial of non-parishioners. [Back] [Top]
Re St. John the Baptist Barlaston  ECC Lic 7* Chancellor refused to grant a faculty; PCC’s policy was reasonable in the circumstances, and that the personal circumstances of petitioner and her connexions with the churchyard did not amount to exceptional circumstances. [Back] [Top]
Re St. John the Baptist Knaresborough  ECC Lee 4 Faculty granted for replacement of bench surrounding tree in churchyard, subject to recommendations of tree expert re: removal of lower branches. [Back] [Top]
Re St. Leonard Monyash  ECC Der 3 The Deputy Chancellor granted a faculty to authorise the removal from the churchyard of a tree which was in danger of causing damage to an adjoining property. [Back] [Top]
Re Christ Church Fulwood  ECC She 6 Chancellor granted a faculty for the creation of a courtyard in the churchyard, between the church and the road; and replacement of pipe organ , subject to conditions, with an electronic instrument in order to provide more seating space. [Back] [Top]
Rector and PCC St Mary’s Church: environmental permit application, GL20 6EZ Application for permit for Trench Arch system at St Mary’s Church.
Ss Peter and Paul Parochial Cherry Willinham PCC: environmental permit application, LN3 4AB, 20 October 2017. Bespoke application for an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016 from Ss Peter and Paul Parochial Cherry Willinham PCC. The application related to discharges to groundwater of 0.2 cubic metres per day of untreated waste water from a Trench Arch System.
On 27 October 2016, the Bishop’s Disciplinary Tribunal for the Diocese of Sodor and Man handed down the judgment concerning the conduct of the Revd Dr Canon Jules Francis Paulinus Gomes, reviewed here. On 11 January 2017, the Church of England published the Tribunal’s decision regarding the penalty. [Link to post] [Top]
In August 2016 Bishop’s Disciplinary Tribunal for the Diocese of Europe handed down its decision in the matter of a complaint under the Clergy Discipline Measure 2003: Complainant, The Ven. Jonathan Wilford Lloyd; Respondent, The Rev. Professor James Meredith Day, reviewed here. [Top]
The penalty handed down on 24 November has now been published. The Tribunal determined that Prohibition for Life is appropriate as it found “no realistic prospect of rehabilitating Professor Day back into ministry because his conduct was so grave. [It] also find that the lack of remorse or repentance contributes towards [its] decision that only Prohibition for Life is appropriate” . [Top]
Counsel for Responded formally admitted the Complaint on his behalf: conduct unbecoming or inappropriate to the office and work of a clerk in Holy Orders within section 8(1)(d) CDM 2003′; while married Respondent had improper relationship with woman via dating website to whom he falsely pretended to be unmarried fundraiser for Christian Aid. The Tribunal decided upon the penalty, one year prohibition, delivered the same day in open Court on 1 February 2017. [Top]
The recent decision concerning the Revd Huntley is unusual in that it is the only instance that has been reported to date in which action against a Clerk in Holy Orders has been undertaken more than once. As noted above, the Tribunals considered two significantly different matters, although the decision on the penalty in Re Huntley (2) took into account the conduct of the priest following its decision following the appeal hearing in 2016. Decision and Penalty, October 2017. [Top]
Recent summaries of specific issues that have been considered in the consistory courts include:
Reordering, extensions & other building works
- The last word on the “pews vs chairs” debate…? 15 August 2017
- Pews vs Chairs: Application of CBC Guidance, 7 July 2017
- Issues of equality in the consistory courts, 23 December 2016
- Church reordering: “salami-slicing” and Theseus’ paradox?,13 May 2016
- No weddings, one funeral … and a book of stamps, 9 March 2016
- Flood damage and the faculty jurisdiction, 25 January 2016
- Church roofs: replacement of lead following theft, 5 November 2014
- Church building repairs: legal considerations, 1 September 2014
- Recent consistory court judgments: reordering, extensions and building works, 21 August 2014
- Recent Consistory Court Judgments – Reordering, 19 March 2014,
- Demolition of “Victorian jewel in the Fens” church refused, 18 October 2013
- Pyres, greenhouses and bicycle stands: What is a building?, 29 September 2013
- Court permits 40 solar panels on “Arts and Crafts” church, 13 August 2013
- Solar panels on listed churches, 21 June 2013
Church Treasures/Sale of Paintings &c
- Gorilla’s head leads to return of church relic, 22nd June 2016
- Church to burn Union Flags, 12 September 2014
- Sale of “Church Treasures”, 21 April 2014, Court of Arches judgment
- Church court resolves historic flags conflict, 16 May 2013
- Security for costs vs uncertainty of evidence in consistory court hearing, 22 November 2016
- Assessing “modest harm” in secular and ecclesiastical courts, 9 December 2015
- Wi-Fi in churches – evidence, system security and commercial considerations, 13 January 2015
- Wi-Fi in churches – health effects, courts’ jurisdiction and locus standi, 8 January 2015
- Mobile-phone masts, planning law and faculty jurisdiction, 8 May 2013
- Exhumation, reburial and judicial precedent: Re Sam Tai Chan [9 September 2016]
- Permanence of Christian burial revisited – I, 22 March 2016
- Permanence of Christian burial revisited – II, 31 March 2016
- Re-use of graves in England – the faculty jurisdiction, 18 January 2016
- Reuse of graves in London – statutory provisions, 11 January 2016
- Recent consistory court judgments: exhumation, 14 August 2014
- Exhumation of correctly buried body, 27 August 2013.
- Royal exhumation, reburial and s25 Burial Act 1857, 10 June 2013
- Alfred the Great’s Remains Exhumed? 28 March 2013
- Rudewicz and Richard III’s exhumation, 16 February 2013
- Reuse of graves – further considerations, 9th August 2017
- Living next to a cemetery: Tonyuk, 1 June 2017
- Groundwater pollution from cemeteries, 22 March 2017
- Municipal cemetery development and the faculty jurisdiction, 17 March 2017
- Churchyard Regulations – important developments, 14 December.
- Standardisation of Churchyard Regulations, 13 September 2016.
- Churchyard Regulations – the practicalities of enforcement, 16 June 2016
- Reservation of space in churchyards, 18 March 2016
- Re-use of graves in England – the faculty jurisdiction, 18 January 2016
- Church court unimpressed by Moors Murder speculation, 19 November 2015
- Unpopular decision to prevent Leakey situation, 9 November 2015
- Churchyard boundary dispute: “a most unpleasant case”, 6 September 2014
- Messages from the grave – QR Codes on headstones, 8 September 2012
- Electronic vs pipe organ: Re: St Peter, Wolverhampton , 19 September 2013
- Burial and destruction of unwanted fonts – further clarification, 31 May 2016
- Last rites for fonts – continued, 17 April 2015
- “They bury fonts, don’t they?”, 7 April 2015
- Diocesan bells advice out-of-tune with court, 10 September 2014
- An (ecclesiastical) law glossary, 25 September 2017.
- Dean of Exeter appointed, 19 September 2017.
- Balancing mission, aesthetics and heritage of parish churches – further considerations, 13 September 2017.
- Listed Places of Worship Grants to 2020, 12 September 2017
- Consistory court evidence or “Call My Bluff”: Episode 2, 7 September 2017.
- Telecommunications equipment in listed places of worship: advice from Historic England, 4 September 2017.
- Consistory court evidence or “Call My Bluff”: Episode 1, 31st August 2017
- Historic England’s advice on metal theft and its aftermath, 13th July 2017
- Parish Music Guidance: Ministers and organists, 25 May 2017
- Royal Marriages: 19 May 2017
- Differing perspectives on pew replacement: 26 April 2017
- Minster-making in Hull: 13 April 2017
- Celebrity Marriages (and others): 17 April 2017
- Monks’ charitable status challenged: 11 April 2017
- The Independent Reviewer and the Sheffield See: 28 March 2017
- Funeral fees pursued in Crown Court: 24 March 2017
- Church liability: fall from ladder, 8 March 2017.
- Plaques, noticeboards and acknowledgements, 25 January 2017
- Lead theft: future threats in parishes and parliament: 4 January 2017
- An end to quinquennial inspections? 27th June 2016
- Risks of disregarding the faculty jurisdiction, 3rd June 2016
- Considerations of PCC liability, engagement of amenity societies &c, 2 September 2015, [Other cases also considered]
- Balancing mission, aesthetics and heritage of parish churches, 23 October 2014
- Ignorance of the Faculty Jurisdiction Rules is no excuse…, 7 October 2014
- Recent consistory court judgments; registry appointments and retirements, 27 August 2014
- Further Consistory Court Judgments: Memorials, Fittings & Chattels, and Rights to Light, 19 May 2014
Peterborough: On 8 January, the Church of England issued a statement on behalf of the Church Commissioners in relating to the Visitation Charge issued by the Rt Revd Donald Allister, Bishop of Peterborough to Peterborough Cathedral. This is summarised in our post issued by the Rt Revd Donald Allister, Bishop of Peterborough. [Link to post #1] [Link to post #2]
Exeter: Further to the Visitation Charge issued in September by the Rt Rev Robert Atwell, on 12 March 2017 the Very Reverend Dr Jonathan Draper, announced his retirement. The previous week, Canon Victoria Thurtell resigned from her post of Precentor with immediate effect, and three administrative members of staff are reported to be at risk of redundancy
Links to the Ecclesiastical Law Association web site
A major fault on the servers of the web hosting company’ used by the Ecclesiastical Law Association (ELA) at the beginning of September 2018 caused the loss of both its web site and the associated backup. Until this time, our case reviews included a link to the judgment on the ELA site. As at 21 December, 577 judgments with summaries from the original site have been uploaded, and there are 86 judgments still to be uploaded.
The ELA web site has been rebuilt using a more up-to-date framework, but it is no longer practicable for us to include direct links to it. The implications for the L&RUK web site are twofold:
- from September 2018 the L&RUK site will hold copies of all new judgments reviewed;
- for reviews prior to this date, the URLs to the copy of the judgment on the ELA site are no longer effective. However, they may be accessed directly from the ELA web site.
Clicking on “top” will return the view to the groups in the main menu, above; Clicking on “back” will return the view to the sub-headings within each of these groups. Clicking on the citation will link to the L&RUK summary of the case. “Link to Judgment” is self-explanatory, and “Link to post” is used where there is a stand-alone post on the general issues raised in the judgment.
As from 1 January 2016, judgments in the ecclesiastical courts have been allocated a neutral citation number under the scheme described in Practice Note No 1 of 2015 and Practice Note No 1 of 2016. In addition, it was necessary to assign a neutral citation for the Diocese of Sodor and Man, here. The Diocese was deliberately excluded from the list of neutral citations in the earlier Practice Directions on citation because it is not part of England.