In re St Chad, Bishop’s Tachbrook – WLR Daily

Posted January 29th, 2014 in burials and cremation, ecclesiastical law, faculties, law reports, planning by sally

In re St Chad, Bishop’s Tachbrook [2014] WLR (D) 24

‘The fact that a churchyard was still in use for burials and interments and that a proposed building would take up space which could otherwise be used for burials was a relevant factor but not necessarily determinative of a petition for a faculty. In an appropriate case permission could be given for a building even if it reduced space available for burials since there was now greater flexibility to permit the secular use of consecrated land. Not every secular use would be permissible; the decision whether to permit such use would be a matter of fact and degree with the nature, extent, and permanence of the proposed secular use all being relevant.’

WLR Daily, 9th January 2014

Source: www.iclr.co.uk

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Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties – WLR Daily

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties) [2012] EWCA Civ 499;  [2012] WLR (D)  121

“It was for the Secretary of State of Justice, as the licensing authority for the exhumation of human remains (other than the power of a consistory court to grant a faculty to exhume human remains interred in consecrated ground of the Anglican Church), to determine on what grounds and in what circumstances to grant a licence to remove human remains. Apart from an obligation to act rationally and otherwise in accordance with the general law, there should be no fetter on his jurisdiction, nor any justification to import a presumption of permanence.”

WLR Daily, 24th April 2012

Source: www.iclr.co.uk

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In re St Andrew’s Churchyard, Alwalton – WLR Daily

Posted February 11th, 2011 in burials and cremation, faculties, human rights, law reports by sally
“A petition for the exhumation of remains buried in consecrated land brought on the basis of an objection to enforcement of the churchyard regulations would not be granted where the petitioner had failed to establish special circumstances justifying an exception from the norm that Christian burial was final.”
WLR Daily, 10th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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In re St Peter’s Church, Draycott – WLR Daily

Posted March 24th, 2009 in ecclesiastical law, faculties, law reports by sally

In re St Peter’s Church, Draycott; [2009] WLR (D) 105

A consistory court should not exercise its jurisdiction to authorise the sale of a font in order to carry out repairs to a church, merely on the basis of a ‘financial need’. The court had to be satisfied that there was a ‘financial emergency’ which meant an immediate pressing need to carry out urgent critical work for which funds were not, or could not be made, available.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.


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In re Hutton Churchyard, Somerset – WLR Daily

Posted November 14th, 2008 in ecclesiastical law, faculties, law reports by sally

In re Hutton Churchyard, Somerset; [2008] WLR (D) 355

“Where responsibility for maintenance of closed churchyards had passed from a parish council to a local authority pursuant to s 215(3) of the Local Government Act 1972 a parish council retained sufficient interest to intervene in faculty proceedings concerning the laying flat of memorials in the churchyards. The duty of “maintenance of the churchyard” imposed on the local authority under s 215(3) was the same as the duty to keep “in decent order” imposed on the parish council under s 215(1) of the 1972 Act. Where memorials had been laid flat this included an obligation (1) to take into account as a primary consideration the safety of memorials (2) to consider as a factor the appearance of the churchyard, but a district council was under no duty to reinstate memorials it had laid flat because of the appearance of the churchyard.”

WLR Daily, 13th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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In re St Peter and St Paul, Chingford – Times Law Reports

Posted October 8th, 2007 in ecclesiastical law, faculties, law reports, telecommunications by sally

Balancing mobile phone risks against benefits

In re St Peter and St Paul, Chingford

Court of Appeal

“In carrying out the balancing exercise necessary when considering whether to grant a faculty which would facilitate mobile telephone network coverage, it was necessary not to lose sight of the great benefits that had flowed from the introduction of the new technology when assessing the risk from evildoers.”

The Times, 8th October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online from 21days from the date of publication 

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Church court says yes to mobile mast – OUT-LAW.com

Posted August 28th, 2007 in ecclesiastical law, faculties, news, telecommunications by sally

“A church has been given permission to install a 3G mobile phone mast on its tower despite there being a risk that the mast will transmit pornography. An ecclesiastical appeals court has overturned an earlier order and allowed the mast’s installation.”

Full story

OUT-LAW.com, 24th August 2007

Source: www.out-law.com

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In re St Peter and St Paul, Chingford – WLR Daily

Posted August 22nd, 2007 in ecclesiastical law, faculties, law reports, telecommunications by sally

In re St Peter and St Paul, Chingford

“In carrying out the balancing exercise necessary in considering whether or not to grant a faculty for the installation of telecommunications equipment it was necessary to differentiate between the effect of the installation of equipment on children and the effect on adults. Mobile phone operators had to ensure a reasonable response to countering the risk to children from pornography over the mobile phone network. In respect of the risk to adults, to bar something which would be of benefit to the public generally because there was a risk that some adults would be able privately to access material which many Christians and others deplored was to take an unbalanced approach.”

WLR Daily, 21st August 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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