Ecclesiastical court judgments – 2020

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Review of the ecclesiastical court judgments during 2020 

As in previous years, the judgments reviewed in L&RUK during 2020 have been grouped under the following headings.

This summary also includes CDM Decisions and Safeguarding [8], Privy Council Business [8 meetings], and CFCE Determinations [7], as well as links to other posts relating to ecclesiastical law [33].

Reordering, extensions & other building works

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Substantial reordering

Re St. Clement Oxford [2019] ECC Oxf 5 Major reordering, but Victorian Society objected to central pews in nave being made moveable and replacement of aisle pews with upholstered chairs; also  some of pew doors, removed at sometime within the past 50 years without authority, should be reinstated. Chancellor satisfied a case had been made for making the nave pews moveable, but conditional on doors being replaced on three rows of pews. [Re St. Clement Oxford [2019] ECC Oxf 5] [Top of section] [Top of page]

Re St. John the Baptist Suckley [2017] ECC Wor 2 The petitioners sought approval for the four remaining items within a 2015 which had not been approved. New flooring and underfloor heating was now approved, but not items on which consultation with local planning authority was required, or removal of pews since this had changed in detail and a new petition and consultation were required. [Re St. John the Baptist Suckley [2017] ECC Wor 2] [Top of section] [Top of page]

Re St. John the Evangelist Cononley with Bradley [2020] ECC Lee 1 Chancellor refused to grant such variation to the faculty granted in 2016. [Re St. John the Evangelist Cononley with Bradley [2020] ECC Lee 1] [Back] [Top]

Re St. Mary Andover [2020] ECC Win 4 The Chancellor was satisfied that the petitioners had made a case for the extensive reordering, with the exception of the carpeting, and he granted a faculty. [Re St. Mary Andover [2020] ECC Win 4] [Top of section] [Top of page]

Re St. Helen Worcester [2020] ECC Wor 2 Faculty granted for major reordering of the city centre church, which was in poor repair and little used, with a view to improving it for worship and attracting more community use. [Re St. Helen Worcester [2020] ECC Wor 2] [Top of section] [Top of page]

Other building works, including re-roofing

Re St. John the Baptist Halesowen [2019] ECC Wor 7 The proposals included: (1) replacing iron gates to porch with glazed sliding doors; (2) new porch lighting and glazing of one porch window to match the other; (3) relocation of the internal 1906 wooden lobby to the west end of the south aisle and its conversion to storage space; and (4) removal of a pew in the south aisle to allow the relocation of the lobby; and (5)) replacement of the ramp inside the lobby with a new ramp with handrails. Chancellor granted a faculty for (1) and (2), but not item (3);  consequently, (4) and (5) not approved. [Re St. John the Baptist Halesowen [2019] ECC Wor 7] [Back] [Top]

St. George Kidderminster [2019] ECC Wor 4 Application for a confirmatory faculty for illuminated cross on the western face of tower, under an Archdeacon’s Licence for Temporary Reordering two years previously. Faculty  granted for 5 years, subject to consent being obtained under the Advertising Regulations, and subject to cross illuminated on not more than 28 days each calendar year. [Re St. George Kidderminster [2019] ECC Wor 4] [Back] [Top]

Re St. Botolph Boston [2019] ECC Lin 2 Petitioners sought permission for two new glass porches, at the north and south entrances of the Grade I church. There was an issue about the north porch which the Chancellor considered should relate to the modern design of the adjacent servery. Faculty granted. [Re St. Botolph Boston [2019] ECC Lin 2] [Back] [Top]

Re St. Bartholomew Tong [2019] ECC Lic 9 Faculty granted for introduction of oak screening and cupboards at the east end of the north aisle of the church, to provide a storage area for chairs and other items. One letter of objection [Re St. Bartholomew Tong [2019] ECC Lic 9] [Back] [Top]

Re St. Michael and All Angels Blackheath Park [2020] ECC Swk 1 Chancellor granted a faculty to permit the installation of external floodlighting. The judgment contains a discussion of the effect of floodlighting on the carbon footprint of the church. [Re St. Michael & All Angels Blackheath Park [2020] ECC Swk 1 (2)] [Back] [Top]

Re Holy Trinity Christchurch [2020] ECC Win 2 The proposal was to remove the last three remaining rows of 20th century pews from the nave of the Grade I church. Chancellor satisfied that benefits of removal far outweighed any disadvantages. Faculty granted. [Re Holy Trinity Christchurch [2020] ECC Win 2] [Back] [Top]

Re Holy Trinity Mapperley [2020] ECC Der 1 Petitioners sought to remove permanently from 1960s church the original pulpit, which  had not been used for 20 years. Three individuals objected to the proposal, but Chancellor determined that the pulpit ‘does little, if anything, for the look of the interior, and it is not an item of intrinsic worth or merit.’  Faculty granted. [Re Holy Trinity Mapperley [2020] ECC Der 1] [Back] [Top]

Re St. Peter & St. Paul Coleshill [2020] ECC Bir 1 The reordering works approved by a faculty granted in 2015 had not been completed within the time allowed. HE and SPAB had concerns about aspects of the proposals. However, Chancellor satisfied that a case had been made for the proposals and granted a faculty. [Re St. Peter & St. Paul Coleshill [2020] ECC Bir 1] [Back] [Top]

Re St. John the Evangelist Manthorpe [2019] ECC Lin 5 This judgment deals with two outstanding matters following the judgment in Re St. John the Evangelist Manthorpe [2019] ECC Lin 4, namely, dismantling of the pulpit and repositioning of the chancel pews. The reason for the repositioning of the chancel pews follows on from the altar rail being moved westwards to allow more ease in administering communion. The Chancellor approved the proposal. However, he did not give permission for the ‘re-imagining’ of the pulpit into two separate items, but suggested that the petitioners should take advice about moving the pulpit within the church. [Re St. John the Evangelist Manthorpe [2019] ECC Lin 5] [Back] [Top]

Re St. Mary the Virgin West Butterwick [2019] ECC lin 7 The proposal was to repair a 19th century stained glass window and install a window guard. CBC raised an issue about two figurative panels in the window, which might be pre-Victorian.  Chancellor was satisfied from the evidence that all the glass in the window was Victorian, and he granted a faculty. [Re St. Mary the Virgin West Butterwick [2019] ECC lin 7] [Back] [Top]

Re All Saints Lubenham [2019] ECC Lei 4* The application was for a memorial to those who had died in the Second World War. This memorial would be placed beneath the existing memorial to those who had died in the First World War. For the reasons set out in the judgment, the Chancellor was not satisfied with the details of the proposals and he adjourned the matter, requesting that revised proposals should be submitted. [Re All Saints Lubenham [2019] ECC Lei 4] [Back] [Top]

Re St. Philip & St James Whittington [2017] ECC Wor 1 The proposal was for the construction of a new extension. CBC was concerned about the impact of the proposed extension on an adjacent 700+ years old yew tree. Chancellor satisfied that a good case had been made for the new facilities, but with great reluctance he was unwilling to grant a faculty for the work as proposed, due to the risk of harm to the ‘veteran’ yew. [Re St. Philip & St James Whittington [2017] ECC Wor 1] [Back] [Top]

Re All Saints Northallerton [2020] ECC Yor 1 Faculty granted for removal of the pulpit (to improve sight-lines to an altar under the tower, between the nave and the chancel); replacing the gas boiler; underfloor heating in the nave; and electric heating in the chancel. [Re All Saints Northallerton [2020] ECC Yor 1] [Back] [Top]

Re St. Mary Oxted [2020] ECC Swk 2 The petitioners wished to install glass doors in a wooden frame to the outer archway of the church porch. Chancellor was satisfied that a convincing case had been made for the proposal and that public benefit would outweigh any harm. He therefore granted a faculty. [Re St. Mary Oxted [2020] ECC Swk 2] [Back] [Top]

Re St. Thomas of Canterbury Tangley [2020] ECC Win 3 The petitioners sought permission for reordering, including  a platform in woodland at the end of the churchyard. Chancellor refused to allow the platform, but granted a faculty for all the other items in the petition. [Re St. Thomas of Canterbury Tangley [2020] ECC Win 3] [Back] [Top]

Re St. Mary the Virgin Redcliffe [2020] ECC Bri 1 The Chancellor granted a faculty to authorise the installation of an electronic bird deterrent, in order to discourage pigeons from nesting in the north porch of the church and fouling the stonework. The judgment contains a discussion of the relevant legislation relating to the protection of wildlife. [Re St. Mary the Virgin Redcliffe [2020] ECC Bri 1] [Back] [Top]

Re St. Paul Addlestone [2020] ECC Gui 1 Petition granted for installation of solar panels on the roof of the unlisted Victorian church in order to reduce its energy bills.  [Re St. Paul Addlestone [2020] ECC Gui 1] [Back] [Top]

Re St. John the Baptist Capel [2020] ECC Gui 2 None of parishioner’s eight grounds of objection  provided a reason for refusing the grant of a faculty for introduction of new lighting scheme into the 13th century Grade II* church. [Re St. John the Baptist Capel [2020] ECC Gui 2] [Back] [Top]

Re St. Mary the Virgin North Aston [2020] ECC Oxf 3 Faculty refused for replacement of clear glass window in the south chapel of the church with a new, stained glass window of contemporary design. Chancellor not satisfied that a convincing case had been made for the particular design in the particular location, such as to overcome the normal presumption against change. He was also concerned that the design of the window. [Re St. Mary the Virgin North Aston [2020] ECC Oxf 3] [Back] [Top]

Re All Saints Hesketh with Becconsall [2020] ECC Bla 1 Faculty granted for new stained glass window in an existing three-light window in the south wall of the unlisted 20th century church in memory of a former parishioner. [Re All Saints Hesketh with Becconsall [2020] ECC Bla 1] [Back] [Top]

Re Alvaston St. Michael & All Angels [2020] ECC Der 3 Chancellor granted a faculty. He determined that the chairs were acceptable and could remain. He also found the carpet acceptable. [Re Alvaston St. Michael & All Angels [2020] ECC Der 3] [Back] [Top]

Re Christchurch Dore [2020] ECC She 1 The Chancellor granted a faculty for the temporary arrangement authorized by the Archdeacon to continue until the forthcoming petition was determined; she could then decide whether the present arrangement should continue or be reversed. [Re Christchurch Dore [2020] ECC She 1] [Back] [Top]

Re St. George Newcastle [2020] ECC New 2 Petition granted for addition of single-storey extension at the north-west corner of the Grade I listed church, to provide a lobby, kitchen, servery, a Garden Room, a storeroom and toilets. Fourteen members of the congregation submitted letters of objection. [Re St. George Newcastle [2020] ECC New 2] [Top of section] [Top of page]

Re St. Andrew Hingham [2020] ECC Nor 2 Petitioners sought to install lavatories and re-locate the kitchen servery, removing 10 (of a total of 60) pews from the end of the nave and 6 pews from the east end of the nave. Chancellor determined that a moderate degree of harm would be caused but that this could be justified by the church’s needs. [Re St. Andrew Hingham [2020] ECC Nor 2] [Top of section] [Top of post]

Re St. George’s Minster Doncaster [2020] ECC She 2 The proposed works included the installation of four toilets and a foldaway servery at the east end of the north aisle of the Grade I listed church. Chancellor was satisfied that the petitioners had made a good case which would provide some much-needed basic facilities, and granted a faculty. [Re St. George’s Minster Doncaster [2020] ECC She 2] [Top of section] [Top of post]

Re St. Bartholomew Brighton [2020] ECC Chi 2 In granting confirmatory faculty, subject to conditions, the Chancellor made it clear that these new works did not come within the list of works which could be carried out without faculty and that what had already been done had been carried out unlawfully. He directed that the costs of the application should be shared between the churchwardens, the architect and the contractor. [Re St. Bartholomew Brighton [2020] ECC Chi 2] [Top of section] [Top of post]

Re All Saints Hove [2020] ECC Chi 3 The Chancellor, however, was satisfied with the two proposals and granted a faculty subject to conditions, including a condition that within five years the parish should put forward proposals for replacing the existing folding chairs in the body of the church. [Re All Saints Hove [2020] ECC Chi 3] [Top of section] [Top of post]

Re St. Leonard Badlesmere [2020] ECC Can 3 The priest-in-charge and churchwardens sought a confirmatory faculty for replacement of the nave and chancel ceilings and partial redecoration of the interior of the church, including the reredos panels. The plaster used included synthetic fibres, rather than traditional horse hair, and a modern paint had been used instead of limewash. The Commissary General considered that there was some minor harm to the significance of the Grade II* building, but accepted the expert evidence that it would do more harm than good, in physical terms, to strip out the work and start again. She accordingly granted a confirmatory faculty, subject to a condition that the work done should be monitored and reported on annually by the church architect for a period of ten years. [Re St. Leonard Badlesmere [2020] ECC Can 3] [Top of section] [Top of post]

Re St. Michael Cropthorne [2020] ECC Wor 4 The petitioners sought to create an accessible lean-to WC to the north of the nave with access from inside the church, and a tea-point at the west end of the south aisle. The Chancellor granted a faculty, being satisfied that only modest harm would be caused to the character of the building which would be more than outweighed by the resulting improvements to the way in which the church could be used for worship and mission. [Re St. Michael Cropthorne [2020] ECC Wor 4] [Top of section] [Top of page]

Re St. Lawrence Appleby [2020] ECC Car 1 A faculty was granted, subject to conditions, for: a small kitchen/servery ; removal of some pews from the north aisle; creation of a multi-purpose area; use of wood from the removed pews for the servery cupboard; and to carry out some internal redecoration. [Re St. Lawrence Appleby [2020] ECC Car 1] [Top of section] [Top of page]

Re St. Michael & All Angels Sutton [2020] ECC Nor 3 The Chancellor granted a faculty for a single storey extension to the 14th century Grade II* church to house a lavatory, a vestry for the clergy and choir and storage for robes; the provision of a kitchenette at the base of the west tower; the repositioning of a screen; and the re-siting of a memorial stone. [Re St. Michael & All Angels Sutton [2020] ECC Nor 3] [Top of section] [Top of post]

Re St. Nicolas Guildford [2020] ECC Gui 3 The Chancellor granted a confirmatory faculty for the replacement of a modern octagonal entrance vestibule to the church by extending the front entrance and providing information panels about the Loseley Chapel. [Re St. Nicolas Guildford [2020] ECC Gui 3] [Top of section] [Top of post]

Re St. Andrew West Wratting [2020] ECC Ely 1 The petitioners sought to protect the external walls of the chancel and the east wall of the nave; there was disagreement amongst the interested parties and advisers over which option should be chosen, and so the decision was left to the Chancellor, who granted a faculty to allow one of the thicker rendering options. [Re St. Andrew West Wratting [2020] ECC Ely 1] [Top of section] [Top of post]

Re Holy Trinity Hurstpierpoint [2020] ECC Chi 7 The petition sought permission for various items of reordering, including the replacement of pews with chairs, audio-visual facilities and a frameless glass door. Chancellor accepted the view of Counsel for the Society that the removal of the pews would result in serious harm to the significance of the church, but was satisfied that the petitioners had set out a convincing case for the changes. He directed the issue of a faculty including, inter alia, a condition that a scheme should be prepared for adjustment and reuse of some of the pews in the church transepts. Re Holy Trinity Hurstpierpoint [2020] ECC Chi 7] [Top of section] [Top of post]

Re St. Mary Penwortham [2020] ECC Bla 2 The petitioners wished to carry out works of repair to the parapet of the tower. Despite objections from the Society for the Protection of Ancient Buildings, the Chancellor held that the petitioners had established that far-reaching repairs were needed to the window and granted a faculty. [Re St. Mary Penwortham [2020] ECC Bla 2] [Top of section] [Top of post]

Re St. Helen Lea [2020] ECC Lin 3 A faculty was sought for the removal of the existing 19th century glass quarries in the west window of the church, in order to incorporate a new stained glass window in memory of members of the Marshall family. The Chancellor decided that the design of the window was appropriate in the context of the Marshall family’s work and support for the church, and he accordingly granted a faculty.   [Re St. Helen Lea [2020] ECCLin 3] [Top of section] [Top of post]

Removal and replacement of pews &c

Re St. Chad Pattingham [2020] ECC Lic 4 Chancellor directed that a faculty should issue for the votive stand, and also for replacement of pews with such chairs having upholstered seats but un-upholstered backs as would be deemed appropriate by the DAC. [Re St. Chad Pattingham [2020] ECC Lic 4] [Back] [Top]

See Re St. Clement Oxford.

Re Holy Trinity Rivington [2020] ECC Man 1 The proposal was to remove one pew and rearrange three pews at the western end of the church on the south side. The Chancellor granted a faculty, satisfied that the removal of the pews would not result in harm to the significance of the Grade II listed church, and that the Petitioners had shown a sufficiently good reason for the change. [Re Holy Trinity Rivington [2020] ECC Man 1] [Top of section] [Top of post]

Re St. John the Baptist Suckley [2020] ECC Wor 3 Present application requested an amendment to the 2017 faculty with replacement of some of the pews with the Alpha SB2M chairs. Chancellor took the view “no modern chair, however designed, will match a Victorian pew“, and he could see “no particular basis for a general rule against upholstered chairs in listed churches.” He granted permission for either chair to be installed. [Re St. John the Baptist Suckley [2020] ECC Wor 3] [Top of section] [Top of page]

Re St. James Buxworth [2020] ECC Der 5 The petition sought approval for the removal of eleven pews from the back of the church (leaving five rows at the front) and their replacement with fifty metal, upholstered chairs and a number of tables with folding legs. The Victorian Society objected and the Chancellor decided to permit the removal of only seven pew benches and the introduction of only 30 chairs and eight tables, the design of the chairs to be agreed with the Diocesan Advisory Committee and, in default of such agreement, by the Chancellor. [Re St. James Buxworth [2020] ECC Der 5] [Top of section] [Top of post]

Heating

Re St. Mark Mitcham [2020] ECC Swk 5 Faculty granted for replacement of existing gas fuelled heating system with a new one, including a new boiler, pipework, radiators and controls, in the unlisted, twentieth century church. The judgment contains some comments by the Chancellor about the need for churches to work towards carbon neutrality. [Re St. Mark Mitcham [2020] ECC Swk 5] [Top of section] [Top of post]

Re St. Peter & St. Paul Buckingham [2020] ECC Oxf 7 Faculty granted to authorize improvements to the Lady Chapel, in order to create more space and light: removing the large altar, riddle posts and canopy, which took up a quarter of the floor space, and replacing them with a smaller altar; reducing the panelling which was blocking light from the windows; and reinstating the original stained glass window. [Re St. Peter & St. Paul Buckingham [2020] ECC Oxf 7] [Top of section] [Top of post]

[2019 judgments] [2018 judgments] [2017 judgments] [2016 Judgments] [2015 Judgments] [2014 Judgments]

Church Treasures/Sale of Paintings &c/Loans

Re Holy Trinity Bledlow [2020] ECC Oxf 4 Chancellor granted permission for the 7th Baron Lord Carrington to introduce into the church two heraldic banners which had belonged to his late father, the 6th Baron Carrington. [Re Holy Trinity Bledlow [2020] ECC Oxf 4] [Back] [Top]

[2019 judgments] [2018 judgments] [2017 judgments] [2016 Judgments] [2014 Judgments] [Top]

Audio Visual Equipment

Re St. Francis of Assisi Bournemouth [2020] ECC Win 1 The proposal was to install an audio-visual system including a number of retractable screens and a camera. Three letters of objection. Chancellor was satisfied that there was a genuine need for the screens and that what was proposed was the best option. He therefore granted a faculty. [Re St. Francis of Assisi Bournemouth [2020] ECC Win 1] [Back] [Top]

[2019 judgments] [2018 judgments] [2017 judgments] [2016 Judgments] [2015 Judgments] [Top]

Telecommunications

[2019 judgments] [2018 judgments] [2017 judgments] [2016 Judgments] [2015 Judgments] [2014 Judgments] [Top]

Exhumation

Family graves

Re St. John the Baptist Ashley [2020] ECC Lic 1  Non-parishioner wished to reserve grave space in the churchyard for herself and her partner, next to the plot in which her father was buried. Petitioner, aged 31, was unlikely to die before the remaining spaces were required within about 7 years’ time by those legally entitled to be buried.  Faculty refused. [Re St. John the Baptist Ashley [2020] ECC Lic 1] [Back] [Top]

Re Lambeth Cemetery [2020] ECC Swk 4 Petition granted for exhumation of body of petitioner’s son, who was stillborn in 1998, and reinterment in a burial chamber , creating a family grave. Chancellor gave his reasons for having already granted a faculty for exhumation. The judgment contains a discussion of the approach of the courts in the leading cases relating to exhumation. [Re Lambeth Cemetery [2020] ECC Swk 4] [Top of section] [Top of page]

Re St. Peter ad Vincula Hampton Lucy [2020] ECC Cov A faculty was granted to the petitioners for the reservation a grave in the churchyard next to the grave of their son. Two parishioners objected. [Re St. Peter ad Vincula Hampton Lucy [2020] ECC Cov 2] [Top of section] [Top of page].

Re St. John Washborough [2020] ECC Lin 4 Undertakers applied for a faculty to authorize the exhumation of the husband’s coffin, to enable the grave to be dug deeper, in order to accommodate both coffins at sufficient depth. Faculty granted.  [Re St. John Washborough [2020] ECC Lin 4] [Post] [Top of section] [Top of post]

Errors in burial

Re All Saints Barrowby [2019] ECC Lin 1 Petitioners sought to exhume ashes of the father of the petitioners for reburial with their mother’s ashes. Chancellor determined that there had been a ‘mistake’ in that the father’s grave had been dug too shallow, which had frustrated the intentions of the family. Faculty granted. [Re All Saints Barrowby [2019] ECC Lin 1] [Back] [Top]

Re St. John Washborough [2019] ECC Lin 6 Chancellor accepted that a mistake had been made in that the instructions to dig a double depth grave in 2008 had not been followed, and he granted a faculty for the double exhumation and reinterment, conditional upon it being possible to dig the mother’s grave deeper, failing which the mother’s remains could be exhumed and reinterred in her husband’s grave. [Re St. John Washborough [2019] ECC Lin 6] [Back] [Top]

Re St. Helen Boultham [2019] ECC Lin 9* Chancellor was not satisfied that with the passage of time it would now be possible to recover any remains of such a small child buried 53 years previously, and he declined to grant a faculty. [Re St. Helen Boultham [2019] ECC Lin 9] [Back] [Top]

Re St. Philip & St. James Up Hatherley [2020] ECC Glo 2 Petitioner sought exhumation of the cremated remains of his wife in order that the remains might be reinterred in Australia, where couple had lived since emigrating there in 1980. Deputy Chancellor decided that the mistake constituted an exceptional ground for allowing exhumation. [Re St. Philip & St. James Up Hatherley [2020] ECC Glo 2] [Back] [Top]

Re Benton Cemetery [2019] ECC New 1 Error by Commonwealth War Graves Commission in 2006 compounded by subsequent burial in 2018. Deputy Chancellor determined that there were exceptional circumstances to justify faculty for exhumation and re-interment. [Re Benton Cemetery [2019] ECC New 1] [Back] [Top]

Re St. Mary Wootton [2020] ECC Oxf 5 The Chancellor was satisfied that a mistake had been made and, notwithstanding the delay by the petitioner in presenting a petition, the Chancellor granted a faculty for the exhumation and re-interment. [Re St. Mary Wootton [2020] ECC Oxf 5] [Back] [Top]

Re St. Michael Tilehurst [2020] ECC Oxf 2 The Chancellor granted a faculty for the exhumation of the mortal remains of the baby son of one of the petitioners and reinterment in Ireland.  [Re St. Michael Tilehurst [2020] ECC Oxf 2] [Back] [Top]

Other

Re Saffron Hill Cemetery [2020] ECC Lei 1 The petitioner was acting on behalf of an elderly and infirm gentleman in Ireland, a Mr. Cunningham, who wished to have the remains of his mother exhumed and re-interred in the Roman Catholic churchyard in Ireland next to the place where he was proposing to be interred. Chancellor considered that there were special circumstances justifying him in granting a faculty, subject to there being no objection from Mr. Cunningham’s mother’s brother, if still alive [Re Saffron Hill Cemetery [2020] ECC Lei 1] [Back] [Top]

Re St. Andrew Cubley [2020] ECC Der 2 Although it was regrettable that the petitioner and his mother had not been consulted on the burial of the petitioner’s mother, the petitioner had “not established any basis sufficient in law based on any property right analogous to a reservation, or otherwise, to support his petition for exhumation”. [Re St. Andrew Cubley [2020] ECC Der 2] [Back] [Top]

Re Lambeth Cemetery [2020] ECC Swk 3 The petitioner wished to have the cremated remains of her partner James’s brother and sister exhumed from the consecrated area of Lambeth Cemetery and re-interred in the same double grave plot which James had reserved in 1991, intending the plot for his mother and himself. Chancellor satisfied that the circumstance were such as to justify the grant of a faculty. [Re Lambeth Cemetery [2020] ECC Swk 3] [Top of section] [Top of page]

Re Holy Cross Epperstone [2020] ECC S&N 1 Petitioner wished to have her father’s ashes exhumed from Epperstone churchyard and interred with her mother’s ashes in Bradford-on-Avon, because it would be inconvenient for the petitioner. Faculty refused. [Re Holy Cross Epperstone [2020] ECC S&N 1] [Top of section] [Top of page]

Re St. George Woolhope [2020] ECC Her 2 Part of the cremated remains of the petitioner’s late partner had been interred in the churchyard and part in a grave reserved in the cemetery by the petitioner. The Chancellor refused the petitioner ‘s application for permission to exhume the ashes in the churchyard and re-inter them in the grave in the cemetery. [Re St. George Woolhope [2020] ECC Her 2] [Top of section] [Top of Post]

Re St. Mark Winshill [2020] ECC Der 4 The Deputy Chancellor determined that there were no exceptional reasons to justify the grant of a faculty for the exhumation of the cremated remains o the petitioner’s father from the churchyard and re-interment in the cremated remains section of a nearby cemetery. [Re St. Mark Winshill [2020] ECC Der 4] [Top of section] [Top of post]

[2019 judgments] [2018 judgments] [2017 judgments] [2016 Judgments] [2015 Judgments] [2014 Judgments]

Churchyards and burials

Development of churchyard

Re St. John the Baptist Ruardean [2020] ECC Glo 1 The petition proposed various landscaping works in the churchyard, relating to the addition of a churchyard extension. There was a single objection to the removal of a line of fir trees. The Deputy Chancellor granted a faculty for all the proposed works. [Re St. John the Baptist Ruardean [2020] ECC Glo 1] [Back] [Top]

Re St. Thomas a Becket Lovington [2020] ECC B&W 1 Chancellor granted permission to grant a 999 year lease of a strip of the unconsecrated land to the neighbour whose house lay at the end of the lane, which was of tapering width, in order to give the lane uniform width, to allow better access for cars and larger vehicles.  [Re St. Thomas a Becket Lovington [2020] ECC B&W 1] [Back] [Top]

Re All Saints Biddenden (1) [2020] ECC Can 1 Commissary General granted permission to reuse for burials two areas of the churchyard, which had not been used for burials since 1850. [Re All Saints Biddenden [2020] ECC Can 1] [Back] [Top]

Re St. Michael the Archangel Emley [2020] ECC Lee 2 Faculty granted to authorize the repair of a section of collapsed wall between the churchyard and two adjoining properties. [Re St. Michael the Archangel Emley [2020] ECC Lee 2] [Top of section] [Top of post]

Designation of closed churchyard

Re St Mary and the Holy Rood Donington [2020] ECC Lin 1 Chancellor granted a faculty to create a grave in the east end of the north aisle of the Grade I church for the reburial of the remains of Capt. Matthew Flinders, the famous navigator and cartographer, and the installation of a new ledger stone above the grave.  [Re St Mary and the Holy Rood Donington [2020] ECC Lin 1] [Top of section] [Top of page]

But see also Privy Council Business.

Churchyard Regulations

Re St. Leonard Alton [2019] ECC Lic 10 The petitioner wished to place a memorial on the grave of his late wife. The Diocesan Advisory Committee did not approve of the design, a bronze plaque on a rough-hewn, wedge-shaped, local stone, as not befitting the setting. It also considered the inscription (which included a verse by Byron) too lengthy and over-personal. The Chancellor saw no reason to disallow the design of the memorial, but was concerned about the inscription. He determined to grant a faculty, subject to the Petitioner agreeing a suggested alternative inscription set out in the judgment, omitting the proposed verse or including an alternative verse from Holy Scripture or classical Christian poetry or hymnody. [Re St. Leonard Alton [2019] ECC Lic 10] [Back] [Top]

Re St. Andrew Tur Langton [2019] ECC Lei 5 A farmer and his son wished to install in the churchyard a memorial to the farmer’s late wife, comprising a small unpolished stone statue of a sheep on a plinth, inscribed in memory of the deceased and with the additional words “The Lord is my Shepherd”. The Chancellor granted a faculty. [Re St. Andrew Tur Langton [2019] ECC Lei 5] [Back] [Top]

Re St. James Burton Lazars [2019] ECC Lei 1* The petitioner’s wife died in February 2018 and her body had been cremated. Her ashes had not been interred in the Garden of Remembrance in the churchyard. The Church had its own set of churchyards regulations, approved by faculty, which prohibited memorials to mark the interment of cremated remains. In April 2018, the petitioner reserved a grave for himself in the churchyard. He now wished to have a tablet in memory of his wife placed either on the grave he had reserved for himself, in anticipation of his wife being buried in the reserved grave after he himself had been buried in it, or on a cremation plot in the Garden of Remembrance, if his wife’s ashes were buried there. The Chancellor refused a faculty, as he did not feel that the Petitioner had made a good case for an exception to the church’s churchyard regulations. He pointed out, inter alia, that a memorial to the petitioner and his wife could be erected on the reserved grave after the petitioner’s body and his wife’s ashes had both been buried in it. [Re St. James Burton Lazars [2019] ECC Lei 1] [Back] [Top]

Re St. Mary Canwell [2020] ECC Lic 2* Chancellor refused to permit a memorial bearing the masonic symbol of a square and compasses; “wording or symbols which give rise to a real risk of offence or upset to a significant body of those visiting the churchyard will not be permitted.” [Re St. Mary Canwell [2020] ECC Lic 2] [Back] [Top]

Re St. Denys Aswarby [2019] ECC Lin 10 The Petitioner’s grandparents were buried in a grave which has a double width headstone and a double kerb surround. Over time, the remains of the petitioner’s late husband, her sister and her parents had been interred in the double grave. The petitioner now wished to carry out some renovation of the grave and place three grey granite tablets within the kerbs, with inscriptions recording the names of those interred since the petitioner’s grandparents were interred. The Chancellor granted a faculty subject to a condition that there should be consistency in the format of the dates of death. [Re St. Denys Aswarby [2019] ECC Lin 10] [Back] [Top]

Re St. Laurence Alvechurch [2020] ECC Wor 1 The petitioner wished to place a memorial on her mother’s grave; design resembled a scroll, between two hand-carved angels, above a plinth resting on a base.  Chancellor granted faculty subject to final design being approved by the DAC or by the court. [Re St. Laurence Alvechurch [2020] ECC Wor 1] [Back] [Top]

Re St. Michael & All Angels Fenny Drayton [2020] ECC Lei 2 The petitioner applied for a confirmatory faculty permitting the continued presence of memorial which did not comply with the churchyard regulations. Chancellor directed that stone should be removed by the petitioner within 2 months, in default of which the stone should be removed by the incumbent and churchwardens. [Re St. Michael & All Angels Fenny Drayton [2020] ECC Lei 2] [Back] [Top]

Re All Saints Biddenden (2) [2020] ECC Can 2 Commissary General granted a faculty for fine shingle or fine gravel to the area within the kerbs of two graves, for the purpose of weed suppression.  [Re All Saints Biddenden [2020] ECC Can 2] [Back] [Top]

Re St. Nicholas Great Coates [2020] ECC Lin 2 The Chancellor refused to grant a faculty. Mowing was not his only concern: “I am concerned that kerbs, even flush with the ground, would have the effect of creating a series of individual memorial plots, boundaries and set apart, grave by grave, from the rest of the churchyard. This would conflict with the sense that each grave and its memorial was contributing to the overall peace and tranquillity of the whole churchyard …” [Re St. Nicholas Great Coates [2020] ECC Lin 2] [Top of section] [Top of page]

Re St Margaret’s Rottingdean [2020] ECC Chi 4] The Judgment and Directions authorized an emergency faculty on Thursday, 11 June and a further emergency faculty was permitted on the afternoon of 15 June which provided a “temporary expedient” in the case of two headstones, the wording on which was deemed “deeply offensive”. The headstones have been move to an undisclosed location for secure keeping, pending the lodging of a petition for a confirmatory faculty before 15 December 2020. [Re St Margaret’s Rottingdean  [2020] ECC Chi 4] [Post] [Top of section] [Top of post] 

Re St. James Daisy Hill Westhoughton [2020] ECC Man 2 The Chancellor granted a faculty to authorize a black granite memorial in the churchyard: ” … given the presence of so many examples of black granite memorials in this churchyard, it would in my judgment be unconscionable in this case to refuse consent for one more such memorial …”. [Re St. James Daisy Hill Westhoughton [2020] ECC Man 2] [Top of section] [Top of page]

Re St. Mary Woodkirk [2020] ECC Lee 3The Chancellor directed that it was appropriate to include a phrase in a foreign language, without a translation, provided that the phrase did not offend Christian doctrine or teaching. The Chancellor therefore made a declaration giving appropriate guidance to the clergy of the diocese as an addendum to the churchyards regulations. [Re St. Mary Woodkirk [2020] ECC Lee 3] [Top of section] [Top of post]

Re St. Leonard Thrybergh [2020] ECC She 2 On the advice of Area Dean/Chancellor churchwardens of St Leonard were instructed to apply for the removal of headstone in cemetery that was placed on grave after permission was refused by Area Dean.

The  wished to remove from the churchyard a headstone placed on a grave after permission was refused by the Area Dean. The Chancellor decided that, if the owner of the memorial had gone about things correctly, she would have authorized the stone. Therefore she dismissed the petition for its removal, but required the owner of the memorial to pay the costs of the proceedings. [Re St. Leonard Thrybergh [2020] ECC She 2] [Top of section] [Top of post]

Reservation of grave space

Re St. James Brownhills [2020] ECC Lic 3 The petitioner wished to reserve a triple-depth grave for himself, his brother and his sister. PCC opposed as it had long standing policy of not supporting the reservation. Chancellor found that there were exceptional reasons to allow the grant of a faculty. [Re St. James Brownhills [2020] ECC Lic 3] [Back] [Top]

Re St. Michael & All Angels Blaisdon [2020] ECC Glo 3  Chancellor was satisfied that the petitioner had made a good case for the reservation of a grave and granted a faculty, contrary to the PCC policy, made without notification, a few days earlier. [Re St. Michael & All Angels Blaisdon [2020] ECC Glo 3] [Back] [Top]

Re St. Giles Exhall [2020] ECC Cov 1 The Chancellor granted a faculty for a memorial with an incised cross and for the Gaelic words to be included, provided that an English translation was also inscribed. In Re St. Giles Exhall [2020] EACC 1, leave to appeal granted by the Dean of the Arches. This is discussed in detail on out post Irish Gaelic on memorials? Re St Giles, Exhall: a further update. [Re St. Giles Exhall [2020] ECC Cov 1] [Top of section] [Post] [Top of page]

Re St. Peter ad Vincula Hampton Lucy [2020] ECC Cov Chancellor granted a faculty to who petitioners wished to reserve a grave in the churchyard next to the grave of their son. They were in their 60s, were parishioners and as such entitled to be buried in the churchyard; there was sufficient room for burials for approximately thirty years; and there was a good reason for the petitioners wishing to be buried next to their son. [Re St. Peter ad Vincula Hampton Lucy [2020] ECC Cov 2] [Top of section] [Top of page].

Trees

Re St. Mary Chithurst [2020] ECC Chi 1 Parish Council sought to fell an ash tree, which was suffering from ash die-back, on the grounds that the disease might cause the tree to become dangerous within the next few years.  Chancellor was satisfied that the petitioners had made a good case for the felling of the tree and granted a faculty. [Re St. Mary Chithurst [2020] ECC Chi 1] [Back] [Top]

See also Re St. Philip & St James Whittington.

Re St. Mary Haddiscoe [2020] ECC Nor 1 Chancellor decided that the preservation of the tomb in situ was more important than the preservation of the holly tree. He also agreed to the removal of the ash tree. He also required to petitioners to take expert advice about more modest proposals for pruning the two other holly trees. [Re St. Mary Haddiscoe [2020] ECC Nor 1] [Back] [Top]

[2019 judgments] [2018 judgments] [2017 judgments] [2016 Judgments] [2015 Judgments] [2014 Judgments]

Organs

Re St. Mary Bampton Proper [2020] ECC Oxf 6 Chancellor was satisfied that the petitioners had made a good case for the proposed restoration and improvement works and he granted a faculty. [Re St. Mary Bampton Proper [2020] ECC Oxf 6] [Post] [Back] [Top]

[2019 judgments] [2018 judgments] [2017 judgments] [2015 Judgments] [2014 Judgments] [Top]

Fonts

Re St. Andrew Ferring [2020] ECC Chi 5 A faculty was granted for the installation of a new font bowl and also a new stained glass window, which would replace a clear glass window near the font. There were two letters of objection in respect of the window. [Re St. Andrew Ferring [2020] ECC Chi 5] [Top of section] [Top post]

[2019 judgments] [2018 judgments] [2017 judgments] [2016 Judgments] [2015 Judgments] [Top]

Bells

Re St. Nicholas Haxey [2019] ECC Lin 3 Petitioners sought to increase the  number of bells in the tower from 6 to 10, or alternatively to 8. Chancellor had reservations about the proposals and refused to grant a faculty as sought, suggesting that the petitioners should seek a revised scheme and revised quotation from the bell-founders. [Re St. Nicholas Haxey [2019] ECC Lin 3] [Back] [Top]

Re St. Michael Glentworth [2019] ECC Lin 8 Faculty granted for installation of automatic winding mechanism and automatic regulation in tower clock of Grade II* church. Chancellor satisfied that “The automatic winding mechanism is a reasonable response to the risks which have been identified, and it is for the PCC to decide what sums they wish to spend on meeting those risks …” [Re St. Michael Glentworth [2019] ECC Lin 8] [Back] [Top]

Re St. John the Evangelist Killingworth [2020] ECC New 1 Faculty granted for restoration and rehanging of church bell, having been removed in 2016, with the Archdeacon’s permission, as it had become unsafe.  [Re St. John the Evangelist Killingworth [2020] ECC New 1] [Top of section] [Top of page]

Re St. Michael Michaelchurch Escley [2020] ECC Her 1 Petitioners applied  for a Faculty to amend the 2014 faculty to provide for the extra bell, for which permission had not been grated. Chancellor determined that the Vicar should take some blame for allowing the installation without faculty authorization; he ordered the costs to be paid as to two-thirds by the Churchwarden and one-third by the Vicar, and directed that neither shall take any contribution from the PCC or from any church funds. [Re St. Michael Michaelchurch Escley [2020] ECC Her 1] [Top of section] [Top of Post]

[2019 judgments] [2018 judgments] [2017 judgments] [2016 Judgments] [2015 Judgments] [Top]

Links to other posts

Recent summaries of specific issues that have been considered in the consistory courts include:

Reordering, extensions & other building works

Exhumation

Churchyards

Organs

General/Miscellaneous

CDM Decisions and Safeguarding

Privy Council Business

The House of Commons Library Briefing Paper CBP7460, 8 February 2016, looks at the role and powers of the Privy Council.

12 February 2020.

At the Privy Council on 12 February 2020, the Queen-in-Council made an order allowing two people on their decease to be buried in a churchyard that has been closed since 1900 [scroll to page 139].

Also at this meeting, page 129, the Secretary of State for Justice, after giving ten days’ notice of his intention to do so, has, under the Burial Act 1853 as amended, made representations to Her Majesty in Council that, subject to the usual exceptions, burials should be discontinued in:-

  • The Ascension Burial Ground, All Souls Lane, Huntington Road, Cambridge;
  • Tydd St Giles Church, Church Lane, Wisbech, Cambridgeshire;
  • St Michael and All Angels’ Church, Leafield, Witney, Oxfordshire;
  • All Saints Church, Vicarage Road, West Sussex;
  • Old St Mark’s Churchyard, Low Moor, Bradford, West Yorkshire;
  • All Saints Churchyard, Pitsford, Northamptonshire;
  • St Martin of Tours Churchyard, Eynsford, Rochester, Kent; and
  • St John the Baptist Church, Hythe, Winchester, Hampshire.

11 March

At the Privy Council meeting on 11 March, under the Burial Act 1853 as amended, and subject to the standard exceptions and as identified on the attached maps, burials are to be discontinued in: Holy Trinity Churchyard, Calne,  Wiltshire; and St Michael and All Angels’ Church, Leafield, Witney, Oxfordshire. “Her Majesty in Council is pleased to give Notice of these representations and to order that they be taken into consideration by a Committee of the Privy Council on 22nd April 2020”.

3 April:

  • St Martin of Tours Churchyard, Eynsford In pursuance of the Order in Council made on 12th February 2020 the representations concerning the discontinuance of burials in St Martin of Tours Churchyard, Eynsford, Rochester, Kent had been published and were taken into consideration by a Committee of the Privy Council. Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 1 of the Burial Act 1853, was pleased, by and with the advice of Her Privy Council, to order that burials shall be discontinued forthwith.
  • St Mary and Holy Rood, Donington: Her Majesty was pleased to order that notwithstanding the discontinuance of burials in St Mary and Holy Rood Church and Churchyard, Donington, Lincolnshire, the exception to be added in that the body of Captain Matthew Flinders be interred under the North Isle of St Mary and Holy Rood Church.

20 May 2020

At the meeting of the Privy Council on 20 May 2020, granted an Order for the postponement of General Synod Elections under the Coronavirus Act 2020, The General Synod of the Church of England (Postponement of Elections) Order 2020 SI 526.

In pursuance of the Orders in Council made on 12th February 2020 and 11th March 2020 these representations have been published and taken into consideration by a Committee of the Privy Council, Orders were granted prohibiting further burials in:​—

  • The Ascension Burial Ground, All Souls Lane, Huntingdon Road, Cambridge, Cambridgeshire;
  • Tydd St Giles Church, Church Lane, Wisbech, Cambridgeshire;
  • St John the Baptist Church, Hythe, Winchester, Hampshire; and
  • Holy Trinity Churchyard, Calne, Wiltshire,

under the Burial Act 1853. These are subject to the normal conditions applying to closed churchyards.

23 June

At the meeting on 23 June 2020, it was reported that In pursuance of the Orders in Council made on 12th February 2020 and 11th March 2020 these representations have been published and taken into consideration by a Committee of the Privy Council. Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 1 of the Burial Act 1853, is pleased, by and with the advice of Her Privy Council, to order that burials shall be discontinued forthwith in:

  • All Saints Churchyard, Pitsford, Northamptonshire;
  • St Michael and All Angels’ Church, Leafield, Witney, Oxfordshire; and
  • Old St Mark’s Churchyard, Low Moor, Bradford, West Yorkshire.

subject to conditions [37] and detailed in the attached plans [36 to 38].

21 July

The Privy Council met on 21 July. The sole church-related business was the Order appointing The Most Reverend Stephen Cottrell a Member of Her Majesty’s Most Honourable Privy Council.

14 October 2020

General Synod of the Church of England (Postponement of Elections) (Amendment) Order 2020 SI 2020/1123

The Privy Council Meeting on 14 October 2020 considered the General Synod of the Church of England (Postponement of Elections) (Amendment) Order 2020 SI 2020/1123 which was made under section 84 of the Coronavirus Act 2020. This Order amends the first Order made under that section, SI 2020/526, by inserting a new Article 4 to make consequential provision about the membership of the Cathedrals Fabric Commission for England. Under paragraph 7 of Schedule 1 to the Care of Cathedrals Measure 2011, membership of the Commission is for a fixed term of five years, which is expressed to begin on the 1st May in the year following that in which the General Synod was last dissolved. Accordingly, the term of office of each current member of the Commission is due to expire on 30th April 2021, before the General Synod will have been dissolved.

The new Article 4 resolves that issue by providing for each person’s membership of the Commission to continue until the 30th April in the year following that in which the next dissolution of the General Synod takes place (unless any particular person ceases to be a member of the Commission for some other reason before that date).

In the House of Lords on 22 October, The Lord Bishop of London moved “That this House do direct that, ins accordance with the Church of England Assembly (Powers) Act 1919, the General Synod (Remote Meetings) (Temporary Standing Orders) Measure be presented to Her Majesty for the Royal Assent.” Motion agreed.

All Saints Churchyard, Burstwick, Hull; St John the Evangelist Churchyard, Dewsbury Moor; St Mary The Virgin Churchyard, Sellindge, Kent; St Andrew’s Churchyard, Northover, Ilchester.

The Secretary of State for Justice, after giving ten days’ notice of his intention to do so, has, under the Burial Act 1853 as amended, made representations to Her Majesty in Council that, subject to certain exceptions, burials should be discontinued in:

  1. All Saints Churchyard, Burstwick, Hull, East Riding of Yorkshire;
  2.  St John the Evangelist Churchyard, Dewsbury Moor, Dewsbury, West Yorkshire;
  3. St Mary The Virgin Churchyard, Sellindge, Kent and ;
  4. St Andrew’s Churchyard, Northover, Ilchester, Somerset.

All Saints Churchyard, Crawley Down, West Sussex

Her Majesty in Council is pleased to give Notice of these representations and to order that they be taken into consideration by a Committee of the Privy Council on 25th November 2020.

And Her Majesty is further pleased to direct that this Order should be published in the London Gazette, and that copies of it should be fixed on the doors of the Churches or Chapels of the above mentioned places, or displayed conspicuously inside them, for one month before 25th November 2020.”

Representations were duly made to Her Majesty in Council by the Secretary of State for Justice that, subject to the exceptions below, burials should be  discontinued forthwith in All Saints Churchyard, Crawley Down, West Sussex.

In pursuance of the Order in Council made on 12th February 2020 these representations have been published and taken into consideration by a Committee of the Privy Council. Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 1 of the Burial Act 1853, is pleased, by and with the advice of Her Privy Council, to order that burials shall be discontinued forthwith in the place listed above, subject to the [certain] exceptions.

16 December 2020

At the meeting of the Privy Council held by the Queen at Windsor Castle on 16 December 2020, The Secretary of State for Justice, after giving ten days’ notice of his intention to do so, under the Burial Act 1853 as amended, made representations to Her Majesty in Council that, subject to the exceptions listed in the minutes, burials should be discontinued in: St John the Baptist Churchyard, East Farndon, Northamptonshire, and; Tower Churchyard & Wrinehill Road Churchyard, Wybunbury, Nantwich, Cheshire.

Her Majesty in Council was pleased to give Notice of these representations and to order that they be taken into consideration by a Committee of the Privy Council on 27th January 2021; And Her Majesty was further pleased to direct that this Order should be published in the London Gazette, and that copies of it should be fixed on the doors of the Churches or Chapels of the above mentioned places, or displayed conspicuously inside them, for one month before 27 January 2021.

CFCE Determinations

The dates of the Cathedrals Fabric Commission for England may be found by scrolling down to the bottom of the page Cathedrals Fabric Commission. This also includes the applications that the commission examined

30 January 2020

  • Cathedral Church of St Peter in Exeter: Works to the Chapter House and Chapel of the Holy Ghost.
  • Cathedral Church of Lincoln: Permanent removal of Panel 11 of the Southern Run of the Romanesque Frieze from the West Front of the cathedral.
  • Cathedral Church of Ripon: To carry out an archaeological evaluation involving the excavation of up to four trenches in the south churchyard of Ripon Cathedral. The evaluation is required to assess the archaeological impact of a proposed development.
  • Cathedral Church of St Paul, London: To create a newly designed internal porch at the North Transept entrance of St Paul’s Cathedral through the construction of a lightweight and high quality elliptical timber structure with an internal glazed rotunda.

28 March 2020

The following applications were approved, subject to conditions:

  • Cathedral Church of Christ, Canterbury: Electrical feed to Deanery Garden, adj. Marlowe House (21 Precincts): Approved, subject to conditions. 
  • Cathedral Church of the Holy Trinity, Chichester: Retrospective approval for urgent works to window Siii (second window from the east on the South Quire clerestory). Approved.
  • Cathedral Church of St Michael, Coventry: Loan of 7 glass fragments from the ruined Cathedral. None of these pieces are currently on display. Approved, subject to conditions. 
  • Chapter of the Cathedral Church of the Holy and Undivided Trinity, Norwich: Relocation of gas meter and associated gas supply to 74 The Close (occupied by Leathes Prior). Approved, subject to conditions.
  • Cathedral and Parish Church of the Blessed Virgin Mary, Southwell (Southwell Minster): The Southwell Leaves Project – In October 2017, Southwell Minster was awarded a grant by the National Lottery Heritage Fund to develop a project that will conserve and better present the exquisite and internationally significant late C13 stone carvings of plants, animals of green men in the Chapter House and Slype, known collectively as the “Leaves of Southwell”. The Commission deferred determination of the element of the application relating to a new heating scheme pending further clarification of the causes of damp in the Chapter House; The Commission approved the remaining elements of the application subject to conditions.

21 May

Thursday 22 May when applications were approved, subject to conditions:

  • Cathedral of the Holy and Undivided Trinity, Bristol: A major programme of refurbishment to the Bristol Cathedral organ case and Walker instrument. Restoration of the organ case , Approved s.t.c.; The rebuilding of the organ and its conversion to electro-pneumatic action, Approved s.t.c.; Addition of 32’ extension to the Pedal Trombone, Refused.
  • Cathedral Church of St Peter in Exeter: Cyclical retreatment and local repairs to the Image Screen on the West Front, Approved s.t.c;
  • Cathedral of the Holy and Undivided Trinity of Norwich: To install a new external memorial to commemorate Le Paradis, in the south east bay of St Saviour’s Chapel, Approved s.t.c;
  • Cathedral of the Holy and Undivided Trinity of Norwich: To excavate a trench for the purposes of laying an IT duct outside 1 and 2 The Close (occupied by Norwich School), Approved s.t.c..

15 July 2020

On 15 July 2020, the following applications were discussed by video conference, and approved, subject to conditions:

  • Cathedral Church of St Peter in Exeter. Application for a programme of archaeological investigations within the Cloister Garth of Exeter Cathedral, focused on the site of the east cloister walk.
  • Cathedral Church of St Peter in Exeter. Programme of conservation, cleaning and local repairs to the North Porch stonework and gates. The works proposed include the re-instatement of the cross to eth staff of St Methodius.
  • Cathedral Church of St Nicholas, Newcastle. Lighting refresh; Proposed AV system; St Margaret’s Chapel – removal of altar/cross and re-location of medieval effigy.

Thursday 17 September

The following applications were discussed by video conference, and approved subject to conditions:

  • Cathedral Church of Christ, Blessed Mary the Virgin and St Cuthbert of Durham: To extend the existing plaque of bishops, priors and deans to accommodate new names.
  • Cathedral Church of St Peter in Exeter: Application for approval of a finalised lobby design to the Chapter house, in response to the CFCE and Amenity Society comments on two former proposals, and input by the Structural Engineer, Timber Fabrication Specialist and Glazing Specialist.
  • Chapter of the Cathedral Church of St Peter and the Holy and Undivided Trinity, Gloucester: To conserve the west window of the tower, located high above the western end of the Cathedral Quire. Various works including:

– De-glaze, clean and assess the individual panels at a specialist glazing workshop.
– Address buckled lights and other deficiencies; conserve panels without re-leading where possible.
– Retain the original medieval support bar and treat for rust in situ as far as possible. Minor bars will be replaced with matching non-ferrous bars.
– Masonry will be cleaned, conserved, repaired or replaced.
– Once the masonry work is complete, the existing glazed panels will be re-installed with internally ventilated external protective glazing (EPG) along with remote-sensing environmental monitoring in and around the glass.

  • Chapter of the Cathedral Church of St Mary the Virgin and Saint Ethelbert the King, Hereford. T

– To move the font from its existing position to a new position at the west end of the nave
– To rotate the protomes at the base of the font stem through forty-five degrees, so that they no longer present a tripping hazard.
– To create a new plinth (larger than the existing one) on which to mount the font, that is –
a) large enough to accommodate a priest and a deacon when baptising, and
b) large enough to accommodate three administrants standing on it, when it is used as a communion station during services attended by a large congregation.
– To install drainage for the font in its proposed location.

Thursday 29 October 2020

  • Cathedral Church of The Holy and Undivided Trinity, Bristol. Removal of some stained-glass elements from the north transept window. The removal of features which identify the north transept window as the memorial window of Edward Colston.
  • Cathedral Church of St Peter in Exeter. Approval of the following proposal:
    Programme of conservation works to priority windows in the East End: Chapel of St John the Evangelist, East Window; Chapel of SS Saviours & Boniface, South & East Window; Lady Chapel, South Window to Bay 2; Chapel of St Gabriel, East & South Window.
  • Cathedral Church of St Mary the Virgin and Saint Ethelbert the King, Hereford. The Chapter requested the approval for the loan of the Hereford 1217 Magna Carta (HCA 1516) and the 1215 King John’s Writ (HCA 2256) to the Museum of the Bible, Washington DC, USA for exhibition at the museum from April 2021 to October 2021.
  • Cathedral of the Holy and Undivided Trinity of Norwich.  For Norwich School to make alterations to secure the boundary around the Upper School Site.
  • Cathedral of St Saviour and St Mary Overie, Southwark Access improvements to create step-free access to all ground level parts of the Cathedral church. The Determination made particular reference to the archaeological watching brief, and actions should human remains be uncovered.

Wednesday 9 December 2020

  • Cathedral Church of The Holy and Undivided Trinity, Carlisle. Retrospective application for temporary and reversible internal alterations to Bishop Smith Registry for use as a dry storage facility.
  • Cathedral Church of St Peter in Exeter. Application for a programme of archaeological investigations within the Cloister Garth of Exeter Cathedral, focused on the site of the east cloister walk. The reasons for the conditions was to ensure the protection of the archaeological resource, the proper and respectful treatment of human remains, that the investigations produce helpful results to inform the heating proposal and that the Commission is informed of the results of the excavation.

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Links to judgments

As noted in the round-up to the judgments in 2018, as a consequence of the rebuilding of the Ecclesiastical Law Association web site following a a major fault on the servers of the web hosting company:

  • from September 2018, the L&RUK site has held copies of all new judgments reviewed, and links to these are used in our reviews;
  • 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. However, where one of our future reviews cites a pre-September 2018 case, this will also be uploaded to L&RUK.
  • Our annual summary of 2018 judgments and the monthly reviews of this year’s judgments have now been modified to remove “dead links” to the former ELA website, and we are gradually removing those in the posts from earlier years.

Citation of judgments

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 2016 and Practice Note No 2 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.

Note

  • Reviews of 2018 judgments received after the publication of this post will be included with those for 2019.
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Notes on the conventions used for the navigation between cases reviewed in this post are summarized here.

Cite this article as: David Pocklington, "Ecclesiastical court judgments – 2020" in Law & Religion UK, 18 January 2021, https://lawandreligionuk.com/2021/01/18/ecclesiastical-court-judgments-2020/

2 thoughts on “Ecclesiastical court judgments – 2020”

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