Churchyard Regulations after Exhall

On 16 June the Court of Arches handed down its reserved judgment Re St Giles Exhall [2021] EACC 1 on which we reported, here. This successful appeal was prompted by the decision in Re St Giles, Exhall [2020] ECC Cov 1, where permission was denied for a faculty for a memorial stone to include the words “Inár gcroíthe go deo”: Irish Gaelic for “in our hearts forever”. Additionally, the Arches Court considered: “What factors and principles should Chancellors take into account and apply: (a) when making schemes of delegation (commonly known as “Churchyard Regulations”) and; (b) when determining faculty petitions, respectively, concerning inscriptions in languages other than English? [7.4]. The more general issues associated with “Churchyard Regulations” were also addressed, and this aspect of the judgment is reviewed below. Continue reading