Links to posts on consistory court judgments
This index provides links to posts on L&RUK which relate to consistory court judgments. It is in two sections – Consistory court analysis, with case notes and commentaries, and Judgments, Decisions and Determinations which relate to specific topic areas for 2012 to present[*]. Notes on the citation used and the links to the ELA web site are here.
Other L&RUK indexes include those on marriage legislation, reduction of carbon emissions, and coronavirus COVID-19 legislation and guidance. A further post based upon our occasional feature “Recent queries and comment”, which appeared between the round-up of 13 August 2017 and February 2020 is in preparation.
Consistory court judgments – Links to L&RUK posts
- L&RUK posts
- Procedural matters
- Evidence
- Churches
- Contested heritage, (link to separate index).
- “Church treasures”
- Stained glass
- Flags
- Heating and lighting
- Altars and fonts
- Pews and chairs
- Churchyards, burials and exhumation
- Reduction of carbon emissions
Legislation
- The Faculty Jurisdiction Rules 2015 as amended by the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, Schedule 3, Part 2, the Faculty Jurisdiction (Amendment) Rules 2019 and the Faculty Jurisdiction (Amendment) Rules 2022.
This document is an informal text prepared by the Church House Legal Office and states the Rules as they have effect from 1st July 2022.
Case Notes
- Non-Christian symbols on churchyard headstones, (9 July 2024).
- An unfortunate sequence of events: Re St Bartholomew Bristol, (21 May 2024).
- “Church treasures”: an unnecessary classification? (2 September 2022).
- Links to judgments on “church treasures”, (25 August 2022).
- Removal of bells from a closed church. The cases of Re St James Church Kirk [2022] ECC Bla 3 which concerned a refurbished ring of eight bells at Over Kellet, for which the particular interest lies in the requirements associated with making changes to a closed church, aspects of which still fall within the faculty jurisdiction. Also the earlier case Re St James Church Kirk [2019] ECC Bla 4 which involved an initially interim loan of a much older but unringable bell from the same closed church to Lancashire Museum Services. (19 August 2022).
- Faculty Jurisdiction (Amendment) Rules 2022 came into force on 1 July, amending the Faculty Jurisdiction Rules 2015. The Church House Legal Office has prepared an informal Keeling Schedule of the Faculty Jurisdiction Rules as they have effect from 1 July 2022, incorporating the amendments made by the Faculty Jurisdiction (Amendment) Rules 2022: (3 July 2022).
- Baptismal fonts – wanted, unwanted and re-discovered (25 February 2022).
- “Treble’s going“? Petitioners sought to display a redundant treble bell dating from the 1630s at the base of the church tower, notwithstanding the risk that it might be stolen from the church, which was left open during the day. (16 January 2022).
- Law and religion in the consistory courts 2022: contested heritage“: (4 January 2023).
- Law and religion in the consistory courts 2022: “Net zero“.( 4 January 2023).
- Law and religion in the consistory courts 2022: “seats vs pews (4 January 2023).
- Law and religion in the consistory courts 2022: Burial Act 1855. (4 January 2023).
- Law and religion in the consistory courts 2022: Cautionary tales from the courts. (4 January 2023).
- Law and religion in the consistory courts 2022: ”Closed Churchyards”. (4 January 2023).
- Law and religion in the consistory courts 2022: “Coffin sliding”. (4 January 2023).
- Contested heritage: Reverend John Newton (1725-1807), (29 May 2021).
- “Net zero”, church heating, and the consistory courts – II, (9 June 2021).
- “Net zero”, church heating, and the consistory courts – I, First L&RUK review on church heating, (24 May 2021).
- “Net zero” in 2030 – a courageous decision? a review of the Church of England’s targetted reduction in greenhouse gas emissions. (7 April 2021).
- Carbon neutrality and the consistory courts, a review of Re St. Mark Mitcham [2020] ECC Swk5 and the General Synod target of net zero by 2030. (24 November 2020).
- The Top Ten consistory court judgments of the decade? Matthew Chinery. 3 January 2020.
- Application of Provincial Court decisions, The applicability of Provincial Courts’ decisions is set to be resolved at last, particularly Alsager & Blagdon. (28 January 2018).
- Cohabitation and the myth of “common law marriage”, (6 July 2018).
- An (ecclesiastical) law glossary, (25 September 2017).
- Canterbury Cathedral: Freemasons Service, (28 February 2017).
- Regulation of cryonics in the UK, Practicalities of regulating cryogenic preservation in the UK, (12 December 2016).
- Faculties – then and now, Some light reading for the weekend, (25 June 2016).
- Candles and health & safety, Ensuring the safety of those in church who “work at height”, (28 April 2016).
- Round-up of consistory and other cases, May and June, (27 June 2015).
- Church courts catch-up, January 2015. (31 January 2015).
- The Law Society’s practice note on sharia-compliant wills, (24 March 2014).
- George Herbert on clergy and the law, (27 February 2014).
- Sharia law and the UK – alien, part of a picture or capable of accommodation? (7 January 2014).
- Marriage and burial obligations of the Church of England, (10 December 2013).
- Hymn-books, projectors and copyright &c, (4 December 2013).
- Sanctions imposed for illegal boiler installation, (17 April 2024).
- Contempt and use of documents in CDM proceedings, (11 April 2024).
- Faculty petitions under the coronavirus restrictions, (30 March 2020).
- Summary judgment in the consistory courts. Re St Andrew’s Chinnor [2019] ECC Oxf 4. 22 August 2019.
- Application of Provincial Court decisions, (29 January 2019).
- Municipal cemetery regulations and the High Court: Ul Haq, (23 January 2019)
- Deliberate breach of faculty conditions, A diocesan chancellor’s observations, (6 February 2018).
- Application of Provincial Court decisions, The applicability of Provincial Courts’ decisions is set to be resolved at last, particularly Alsager & Blagdon. (28 January 2018).
- Private cemetery development, A Private Bill for cemetery development, (10 February 2017).
- York Minster Bells: “fundamentally flawed” application to consistory court, Consideration of Re York Minster [2016] ECC Yor 3. (13 January 2017).
- Security for costs vs uncertainty of evidence in consistory court hearing, Achieving judicial balance where the outcome is (almost) certain, Re St James Kidbrooke [2016] ECC Swk 13. (22 November 2016).
- The 2016 Chichester Visitation, The Bishop of Chichester recently published his Charge following the 2016 Visitation; this was the latest of three recent Visitations which examined different aspects of the operation of the Diocese, (8 November 2016).
- Acclamation, assent and disruption, Further thoughts on objectors to women bishops and how the Church might respond, (25 July 2016).
- Objectors to female bishops, (21 July 2016).
- Issues of equality in the consistory courts, Consideration of Re St Christopher Walworth [2016] ECC Swk 14. (23 March 2016).
- Vexatious litigants and the consistory courts, The practicalities and limitations of legislation dealing with vexatious litigants. (8 February 2016).
- Contempt and ecclesiastical courts, a consideration of Ewing v Crown Court Sitting at Cardiff & Newport & Ors [2016] EWHC 183, (10 February 2016).
- Assessing “modest harm” in secular and ecclesiastical courts, Judgment on merits of telecoms installation raised issue of applying Duffield criteria for “modest harm”, later resolved by Court of Arches in appeal on Victorian font, Re St Anne Wandsworth [2015] Southwark Const Ct, Philip Petchey Ch. (December 2015).
- Churches, Minsters and Cathedrals, Distinctions between the designation of Church of England churches, (17 November 2016).
- Minster designation for Holy Trinity, Hull, Holy Trinity Church, Hull, to become a Minster in 2017, (10 November 2016).
- Risks of disregarding the faculty jurisdiction, (3 June 2016).
- Suffragan bishops: from selection to ordination & consecration, (27 April 2016).
- Contempt and ecclesiastical courts, (10 February 2016).
- Legal standing and other changes to judicial review, (30 July 2013).
- Balancing mission, aesthetics and heritage of parish churches – Part II, (13 September 2017).
- Consistory court evidence or “Call My Bluff”: Episode 2. (4 September 2017).
- Consistory court evidence or “Call My Bluff”: Episode 1. (30 August 2017).
- Ignorance of the Faculty Jurisdiction Rules is no excuse…, (7 October 2014).
- Balancing mission, aesthetics and heritage of parish churches – Part I, (23 October 2014).
- Considerations of PCC liability, engagement of amenity societies &c, Highlights of recent consistory court judgments, (2 September 2015).
- Wi-Fi in churches – evidence, system security and commercial considerations, (13 January 2015).
- “Selling the family silver”: Re St Mary and All Saints Willingham, (3 August 2023).
- Contested heritage: Reverend John Newton (1725-1807), (29 May 2021).
- Poisoning pigeons in the porch? The use of an electrified bird deterrent at “The fairest, goodliest and most famous parish church in England”. Re St Mary the Virgin Redcliffe [2020] ECC Bri 1. (14 April 2020).
- “They don’t exhume fonts, do they?” The dilemma of discovering an “unwanted font”. (10 March 2020).
- The “elderly actress” and the first petitioner, Not a sequel to “The Servant” or “Blow Up”, but more of common with an embryo plot line for Midsomer Murders, Re St. Mary Chithurst [2020] ECC Chi 1, (27 April 2020).
- 5G – a new problem for consistory courts? 1 November 2019.
- Electronic Communications Code and the CofE, (16 October 2019).
- Conflict of safety advice on bell tower access, Chancellor favours advice of Tower Captain over that of church architect, Re All Saints Rothbury [2018] ECC New 3, (19 November 2018).
- Balancing mission, aesthetics and heritage of parish churches – Part III, Have things changed over the last couple of years? (4 September 2018).
- Lessons from Pip and Jim’s, Re SS Philip and James [2018] Ecc Glo, (28 August 2018)
- Asbestos in pipe organs, Issues relating to asbestos raised by Re All Saints Findern [2018] ECC Der 1, (12 July 2018).
- Defibrillators in churches, (9 April 2018).
- CCTV in Churches – windows into men’s souls? Diocesan guidance on CCTV to reflect government Code of Practice, (1 March 2018).
- Wi-Fi in churches: the Government-Church Accord, analysis of the Accord on digital connectivity, (20 February 2018).
- Balancing mission, aesthetics and heritage of parish churches – Part II, (13 September 2017).
- Telecommunications equipment in listed places of worship: advice from Historic England, (4 September 2017).
- The last word on the “pews vs chairs” debate…or would that be too much to hope for? (15 August 2017).
- Colours of day dawn into the mind… Re All Saints Bramham[2017] ECC Yor 3, (13 August 2017).
- Reuse of graves – further considerations, Cemetery development at the local and national level, (9 August 2017).
- Guidance on “Ruined Churches”, Legal issues raised in CBC Guidance, (24 July 2017).
- Pews vs Chairs: Application of CBC Guidance, Considerations of the binding nature of CBC guidance, (7 July 2017).
- Minster-making in Hull, Details released of events on 13th May when Holy Trinity, Hull, becomes Hull Minster, (13 April 2017).
- Plaques, noticeboards and acknowledgements, Faculty jurisdiction and external signage, Re St Bartholomew Welby [2017] ECC Lei 1, (25 January 2017).
- Lead theft – future threats in parishes and parliament, The need for awareness at local and national level of the potential threats, (4 January 2017).
- Pews, perceptions and practicalities, Some thoughts on the “chairs vs pews” debate, (11 August 2016).
- Gorilla’s head leads to return of church relic, A cautionary tale of “church treasures”, (22 June 2016).
- Church reordering: “salami-slicing” and Theseus’ paradox?, Issues raised by the phased introduction of church reordering, (13 May 2016).
- Monstrances in the Church of England: are they legal?, Short answer – possibly, “Yes – but only just”. (5 April 2016).
- Flood damage and the faculty jurisdiction, Court decides between conflicting expert advice post-flood remediation, (25 January 2016)
- Gorilla’s head leads to return of church relic, A cautionary tale of “church treasures”, (22 June 2016).
- Assessing “modest harm” in secular and ecclesiastical courts, Judgment on merits of telecoms installation raised issue of applying Duffield criteria for “modest harm”, later resolved by Court of Arches in appeal on Victorian font, (9 December 2015).
- Last rites for fonts – continued, (17 April 2015).
- They bury fonts, don’t they? ( 7April 2015).
- Reservation of burial space, (9 March 2015).
- Wi-Fi in churches – health effects, courts’ jurisdiction and locus standi, (8 January 2015).
- jurisdiction and locus standi, (8 January 2015).
- Church roofs: replacement of lead following theft, (5 November 2014).
- Balancing mission, aesthetics and heritage of parish churches – Part I, (23 October 2014).
- Church to burn Union Flags, Re St Mary Magdalene South Bersted [2014] Chichester Cons Ct, Mark Hill Ch., (12 September 2014).
- Churchyard boundary dispute: “a most unpleasant case”, Re St George, Crowhurst, [2014], Chichester Const Ct, Mark Hill Ch(, 6 September 2014).
- Rights of way across churchyards: a request for assistance, (3 September 2014).
- Church building repairs: legal considerations, (1 September 2014).
- Sale of “Church Treasures”, Re St. Lawrence Oakley with Wootton St. Lawrence [2014] Court of Arches, (21 April 2014).
- Further Consistory Court Judgments: Memorials, Fittings & Chattels, and Rights to Light, (19 April 2014).
- Demolition of “Victorian jewel in the Fens” church refused, Re St. Paul Eastville [2013] Lincoln Const Ct Mark Bishop Ch., (18 October 2013).
- Electronic vs pipe organ: Re: St Peter, Wolverhampton, In Re St. Nicholas Warwick [2010] Coventry Cons Ct, (19 September 2013).
- Court permits 40 solar panels on “Arts and Crafts” church, Re St Francis Meir Heath [2013] Lichfield Cons Ct, (13 August 2013).
- Painting an accurate picture, Re St Stephen Walbrook [2013] London Cons Ct (10 July), (22 July 2013).
- Royal exhumation, reburial and s25 Burial Act 1857, Re The Royal Burial Ground, Frogmore, Windsor; Re Exhumation of HM Queen Maria of Yugoslavia [2013] Oxford Const Ct. , (10 June 2013).
- Church court resolves historic flags conflict, Re St. Mary the Virgin Selling [2013] (16 May 2013).
- Mobile-phone masts, planning law and faculty jurisdiction, Re St Augustine, Kilburn [2013] London Cons Ct., (8 May 2013).
- Alfred the Great’s Remains Exhumed?, (28 March 2013).
- Rudewicz and Richard III’s exhumation, Rudewicz, R (on the application of) v Secretary of State for Justice & Ors [2012] EWCA Civ 499, (16 February 2013).
- Messages from the grave – QR Codes on headstones, (8 September 2012).
- Solar panels on listed churches, (Re St George, Kemp Town [2012] Chichester Const Ct, Hill Ch., (21 June 2012).
- “Selling the family silver”: Re St Mary and All Saints Willingham, (3 August 2023).
- “Church treasures”: an unnecessary classification? (2 September 2022).
- Links to judgments on “church treasures”, (25 August).
- Stained glass attitudes – a tale of two windows, A comparison of Re All Saints Hesketh with Becconsall [2020] ECC Bla 1 with Re St the Virgin North Aston [2020] ECC Oxf 3. (21 April 2020).
- Index – Stained glass: Cathedral Fabric Commission’s determinations and consistory court judgments on the installation (and removal) of stained glass from churches and cathedrals, from 2016 to present. (11 October 2022).
- Flags and flagpoles: Church of England. Overview of flags regulations following proposed Private Members’ Motion. (10 June 2022).
- Flags and flagpoles: consistory court considerations. Review of consistory court considerations, with augmented links to advice. (24 June 2022).
- Progress Pride flag as altar frontal. Summary of the determinations Re St. Nicholas Leicester [2023] ECC Lei 1, on the petition us to the Progress Pride flag as an altar frontal, and Re St. Nicholas Leicester [2023] ECC Lei 2, in relation to the three of the nine objectors who had been deemed to have a “sufficient interest”. (8 February 2023).
- L&R UK links to reduction of carbon emissions
- General
- Church of England – carbon reduction
- Church of England – stakeholder engagement
- Consistory court judgments
- Roman Catholic Church
Altars
- Altars – some consistory court judgments, links to cases on Altar rails ; Location of altar; Altar frontals; and Others, (2 March 2024).
- Disputed altar frontal: St Nic(2 March 2024).holas Leicester, further to three earlier judgments concerning “sufficient interest” on the use of an LGBTQIA+ altar frontal, the substantive judgment Re St. Nicholas Leicester [2024] ECC Lei 2 was handed down by Gyane Ch. on 7 February 2024 which indicated that she was not persuaded to grant a faculty (20 February 2024).
- “Sufficient interest” in faculty petitions – II, the earlier post “Sufficient interest” in faculty petitions concerns a petition for a confirmatory faculty for the introduction of an unauthorized ledger stone, and explores some features of “sufficient interest” in faculty petitions, Re St Lawrence Toot Baldon [2023] ECC Oxf 10. This judgment was shortly followed by the circulation of Re St. Nicholas Leicester [2023] ECC Lei 3 which considered other aspects of “sufficient interest”. (25 January 2024).
- They bury (and burn) altars, don’t they? The recently circulated Re St. George the Martyr Preston [2023] ECC Bla 2 concerned an extensive reordering project, which included the removal and disposal of a nave altar and the introduction of a new bespoke altar. (9 May 2023).
Fonts
- Baptismal fonts – wanted, unwanted and re-discovered (25 February 2022).
- “They don’t exhume fonts, do they?” The dilemma of discovering an “unwanted font”. (10 March 2020).
- Burial and destruction of unwanted fonts – further clarification, Points arising from recent judgment on disposal of fonts, Re St Philip Scholes [2016] ECC Lee 5, (31 May 2016).
- Assessing “modest harm” in secular and ecclesiastical courts, Judgment on merits of telecoms installation raised issue of applying Duffield criteria for “modest harm”, later resolved by Court of Arches in appeal on Victorian font, (9 December 2015).
- Last rites for fonts – continued, (17 April 2015).
- They bury fonts, don’t they? ( 7April 2015).
- Illegal disposal of pews: Church of St Michael, Bath, Twerton-on-Avon, (18 June 2024).
- Clergy Discipline Commission: Annual Report 2024, (17 June 2024).
- Pew replacement in St Edmundsbury Cathedral, one of the last Church of England cathedrals to replace its pews with chairs, (2 April 2024).
- Reconsideration of pews vs upholstered chairs, Pragmatic solution reached on replacement chair design, (18 May 2018).
- Bath Abbey pews: costs, Costs hearing at Arches Court, Re Bath Abbey [2018] EACC 2 (27 March 2018).
- Bath Abbey pews: refusal of permission to appeal, Re Bath Abbey [2018] EACC 1, (20 March 2018).
- The last word on the “pews vs chairs” debate…or would that be too much to hope for? (15 August 2017).
- Pews vs Chairs: Application of CBC Guidance, Considerations of the binding nature of CBC guidance, (7 July 2017).
- Differing perspectives on pew replacement, Further thoughts on the “chairs vs pews” debate, (26 April 2017).
- Appeal on Bath Abbey pews? Victorian Society announces application of leave to appeal, (12 January 2018).
- Balancing mission, aesthetics and heritage of parish churches – Part II, (13 September 2017).
Churchyards, burials and exhumation
- Guidance on Churchyard Regulations after Exhall, (20 November 2023).
- Churchyard Regulations after Exhall, (21 July 2021).
- Irish Gaelic on memorials? Re St Giles, Exhall in the Court of Arches, (25 June 2021).
- Irish on headstones: the appeal in Re St Giles, Exhall, (28 February 2021).
- More unacceptable inscriptions on headstones, Re St Mary the Virgin Podington [2021] ECC StA 1. (28 February 2021).
- “Contested heritage” and offensive inscriptions: Re St Margaret Rottingdean (2), 4 February 2021.
- Removal of mementos &c from churchyards, Re St Margaret’s Rottingdean [2020] ECC Chi 4,16 January 2021.
- Irish Gaelic on memorials? Re St Giles, Exhall: a further update, (22 September 2020).
- Of graves, headstones and “offensive” inscriptions: Re St Margaret’s Rottingdean, Judgment and Directions in Re St Margaret’s Rottingdean [2020] ECC Chi 4, and emergency faculties. (17 June 2020).
- Irish Gaelic on memorials? Re St Giles, Exhall: updated, Events related to In Re St Giles, Exhall [2020] ECC Cov 1, (4 June 2020).
- Deliberate breach of faculty conditions, A diocesan chancellor’s observations, (6 February 2018).
- Churchyard memorials which cause affront and offence, Re Holy Trinity Drayton Parslow [2018] ECC Oxf 3 (11 July 2018).
- Re-use of institutional burial grounds, Saved by S5 Disused Burial Grounds Act 1884, or not? (3 May 2018).
- Groundwater pollution from cemeteries, How will new position statements impact on development of cemeteries? (22 March 2017).
- Municipal cemetery development and the faculty jurisdiction, The boundary between ecclesiastical and statutory legislation, (17 March 2017).
- Masonic symbol banned on headstone, Re St Oswald Dean [2016] ECC Car 5, (11 October 2016).
- Churchyard Regulations – an important development, New Churchyard Regulations in Oxford Diocese, (14 December 2016).
- Masonic symbol banned on headstone, In the recently-published judgment Re St Oswald Dean [2016] ECC Car 5, (11 October 2016).
- Standardization of churchyard regulations, Re St John the Baptist Adel and St Michael Markington [2016] ECC Lee 8, (13 September 2016).
- Churchyard Regulations – the practicalities of enforcement. A review of the issues associated with the implementation of Churchyard Regulations. (16 June 2016).
- Cremation ashes – scattering, strewing and commingling, (12 March 2024).
- Use of cremation ashes for jewellery (again), (8 March 2024).
- Exceptional opening of a closed churchyard: St Mary and St Eanswythe Folkestone, (31 December 2023).
- Defining “family graves” – Re Blagdon revisited (I), (28 March 2023).
- Law and religion in the consistory courts 2022: “Coffin Sliding”. (4 January 2023).
- Columbaria in churches – a short note. (11 August 2021).
- Captain Flinders navigates the law of burial, The third of an irregular trio of posts on Captain Flinders, Re St Mary and the Holy Rood Donington [2020] ECC Lin 1, (1 June 2020).
- Exhumation and the Permanence of Christian Burial: a review of recent consistory court judgments. Christopher Grout. 12 November 2019.
- Exhumation and reburial of Captain Matthew Flinders, From the Euston excavation to a rural Lincolnshire church, (28 October 2019).
- Restrictions on cremation ashes for jewellery – II, Some practical considerations. (15 October 2019).
- Restrictions on cremation ashes for jewellery – I, Review of In the Matter of SMF deceased [2019] ECC Lee 4. (4 October 2019).
- New CofE guidance on partial burial of remains &c, General Synod Legal Advisory Commission published new guidance Burial of a portion of a deceased’s body or ashes (2 October 2019).
- Disinterring cremated remains in Scotland: Diocese of Glasgow and Galloway, Exhumation and re-interment of cremated remains has recently been considered in Glasgow Sheriff Court. (27 June 2019).
- Evidence from the grave – III, Information for medical research; conclusions, (4 April 2019).
- Evidence from the grave – II, Information for ancestry and forensic investigations, (20 March 2019).
- Evidence from the grave – I, Consistory court considerations on the identification of buried remains, (13 March 2019).
- Permanence of Christian burial revisited – III, “Distress or conflict” of relatives and the permanence of Christian burial, (25 January 2019).
- Exhumation and reburial of alleged sexual abuser: Re the Cremated Remains of AA, ( 9 January 2019).
- Scattering ashes on water and land – some basics, (11 September 2018).
- Re-use of institutional burial grounds, Saved by S5 Disused Burial Grounds Act 1884, or not? (3 May 2018).
- Application of Provincial Court decisions, The applicability of Provincial Courts’ decisions is set to be resolved at last, particularly Alsager & Blagdon. (28 January 2018).
- Groundwater pollution from cemeteries, How will new position statements impact on development of cemeteries? (22 March 2017).
- Municipal cemetery development and the faculty jurisdiction, The boundary between ecclesiastical and statutory legislation, (17 March 2017).
- Masonic symbol banned on headstone, Re St Oswald Dean [2016] ECC Car 5, (11 October 2016).
- Burial and destruction of unwanted fonts – further clarification, Points arising from recent judgment on disposal of fonts, Re St Philip Scholes [2016] ECC Lee 5, (31 May 2016).
- Permanence of Christian burial revisited – II, Is guidance on the permanence of Christian burial in need of review? Cremation ashes, objections to exhumation, (31 March 2016).
- Shakespeare’s missing skull – the mystery deepens … but scientific analysis proved the Beoley churchwarden to be correct, (24 March 2016).
- Permanence of Christian burial revisited – I, (Is guidance on the permanence of Christian burial in need of review? Part I: Articles 8 & 9 ECHR, churchyard development and family graves, (2 March (2016)
- Reservation of space in churchyards, Summary of legal position on reservation of burial plots in churchyards, (18 March 2016).
- “Rest in peace” – perhaps, How often do consistory courts permit the disturbance of human remains? (3 March 2016).
- Exhumation, reburial and judicial precedent: Re Sam Tai Chan, (9 September 2016).
- Exhumation and reburial of ashes in Germany, (26 August 2016).
- Tom Sharpe burial no longer “Blott on the (ecclesiastical) Landscape”, Consistory court sorts out irregular features of the burial of some of Tom Sharpe’s ashes – but what next? (29 January 2016)
- Re-use of graves in England – the faculty jurisdiction, Exhumation and the re-use of graves under the CofE’s faculty jurisdiction, (18 January 2016).
- Re-use of graves in London – statutory provisions, Practical aspects and limitations on reusing graves in London, (11 January 2016).
- Time-limited storage of cremation “ashes”, Legal issues surrounding temporary and permanent storage of “ashes”, (15 December 2015).
- Church court refuses Moors Murder excavation, Manchester Consistory Court refuses excavation of grave to seek evidence left by Ian Brady, (19 November 2015).
- Unpopular decision to prevent Leakey situation, Consistory court examines subsidence from trees where local council has responsibility for a closed churchyard, (9 November 2015).
- Exhumation and Articles 8 & 9 ECHR again: Re Putney Vale Cemetery [2015], (3 November 2015).
- Exhumation and Articles 8 & 9 ECHR again: Re Putney Vale Cemetery [2015], Application of Articles 8 and 9 ECHR to exhumation from consecrated ground, and changes to procedure for exhumation, (3 November 2015).
- Exhumation of Jack the Ripper’s last victim?, (1 August 2015).
- Shortage of burial space? Surprise, surprise!, (30 September 2013).
- Exhumation of correctly buried body, Re St Peter Dunchurch [2013] Coventry Cons Ct (Stephen Eyre Ch), (27 August 2013).
- Proposed Amendment to s25 Burial Act 1857, (12 August 2013).
- Royal exhumation, reburial and s25 Burial Act 1857, Re The Royal Burial Ground, Frogmore, Windsor; Re Exhumation of HM Queen Maria of Yugoslavia [2013] Oxford Const Ct. , (10 June 2013).
- Re Barrowby Burial Ground [2024] ECC Lin 3 Faculty granted to Parish Council for “coffin sliding” to remedy error.
- Treatment of human remains discovered during churchyard works Opinion issued by the Legal Advisory Commission, (October 2023)
- Coffin sliding – urban myths and the law. (25 April 2023)
- Re Chevington Cemetery [2023] ECC New 3.
- “Slip Slidin’ Away”, (6 February 2023),
- Law and religion in the consistory courts 2002: “Coffin sliding”.(4 January 2023).
- Re St. Andrew Horbling [2022] ECC Lin 2
- Columbaria in churches – a short note. (11 August 2021).
- Re St. John Washborough [2020] ECC Lin 4
- Re Fairmile Cemetery Lower Assendon [2017] ECC Oxf 2
Preventing lawful and decent burial
- Cremation ashes – scattering, strewing and commingling, (12 March 2024).
- Preventing lawful and decent burial, (11 March 2024).
- Aspects of burial law from Brady’s funeral judgment, (8 November 2017).
- The Tetra Pak Heir and the Laws of Burial, (7 August 2012).
Judgments, Decisions and Determinations
In some years, for certain categories no judgments were reviewed. Although some relate specifically to the removal and replacement of pews, and are listed as such, this is often a consideration of other judgments on reordering and building works. The links for 2021 are provided on a month-by-month basis, and will be collated at the end of the year.
- January (t.b.a.)
- December
- November
- October
- September
- August
- July (I)
- July (II)
- June
- May
- April
- March
- February
- January (I)
- January (II)
- Procedural
- Reordering, extensions and other building works
- Church Treasures/Sale of Paintings &c/Loans
- Audio Visual Equipment
- Telecommunications
- Exhumation
- Churchyards and burials
- Organs
- Pews and chairs
- Fonts
- Bells
Reordering, extensions and other building works
Church Treasures/Sale of Paintings etc/Loans
- 2024 (No cases reported on AV) 2023 2022 2021 (No cases reported on AV) 2020 2019 2018 2017 2016 2015
Other<a name=”Other”>Other</a>
Notes
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 the Isle of Man is a self-governing British Crown Dependency and not part of England. See also C George, Neutral Citation in the Ecclesiastical Courts, (2016) 18 Ecc LJ 158–164.
Links to ELA site
At the end of 2018, the Ecclesiastical Law Association web site was rebuilt using a more up-to-date framework; however, one consequence was that it is no longer practicable for us to include direct links to the site; from September 2018, therefore, the L&RUK site has held copies of all new judgments reviewed; for cases prior to this date, these can be accessed directly from the ELA web site.
[*] This post was last updated on 31 December 2024 at 11:55.
[top]
Cite this article as: David Pocklington, "An Index of L&RUK Posts – Consistory Court Judgments" in Law & Religion UK, 10 February 2021, https://lawandreligionuk.com/2021/02/10/an-index-of-lruk-posts-consistory-court-judgments/
Pingback: Pipe Organs – repair, removal and replacement | Law & Religion UK