This month’s round-up of consistory court judgments
Overview
In our post No weddings, one funeral … and a book of stamps we considered the broader issues raised by Re St Peter Whitstable in relation to use of the church as a temporary “hosted” Post Office®, and the issue of a Licence under Faculty rather than a Lease under S 68 Mission and Pastoral Measure 2011. Petitions for the reservation of grave space in a churchyard that is almost full are becoming more common and our post reviewed Re St Oswald Methley in which the legal position is clearly stated. Although not the subject of a stand-alone post, Re St Andrew Castle Coombe is notable in the fact that for this “beautiful (Grade I) church in a beautiful village” [2], the Chancellor determined that the answer to the first Duffield question was “No”, and was further satisfied that the ordinary presumption of “in favour as they stand” could be rebutted in this case.
In March we also looked at the application of Re Blagdon Cemetery in our two posts on the permanence of Christian burial revisited; Part I examined: the application of Articles 8 & 9 ECHR; the development of churchyards to permit the reuse of graves; and family graves. Part II looked at: the storage and scattering of cremation ashes; cases in which there is an objection to exhumation; and where a petitioner has sought exhumation and re-interment at a more convenient location on account of medical reasons.
Other judgments this month concerned reordering, exhumation, and churchyards. The CFCE met on 17 March and its determinations on the applications considered will be reported when they become available.