Law and religion round-up – 5th November – Law & Religion UK

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

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Law & Religion UK, 5th November 2017

Source: www.lawandreligionuk.com

Ecclesiastical court judgments – September – Law & Religion UK

Posted October 5th, 2017 in ecclesiastical law, judgments, news by tracey

‘Review of the ecclesiastical court judgments during September 2017.’

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Law & Religion UK, 2nd October 2017

Source: www.lawandreligionuk.com

Balancing mission, aesthetics and heritage of parish churches – further considerations – Law & Religion UK

Posted September 13th, 2017 in Church of England, ecclesiastical law, listed buildings, news, planning by tracey

‘In our post, Balancing mission, aesthetics and heritage of parish churches, we noted that the Church’s consistory courts are frequently required to weigh up the relative merits of proposed building work for repair or modification in terms of their impact on the heritage and aesthetics of the building against its overall mission within the community.’

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Law & Religion UK, 13th September 2017

Source: www.lawandreligionuk.com

Consistory court evidence or “Call My Bluff”: Episode 2 – Law & Religion UK

Posted September 8th, 2017 in ecclesiastical law, evidence, news by tracey

‘The second of two posts on information submitted as evidence to consistory courts.’

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Law & Religion UK, 7th September 2017

Source: www.lawandreligionuk.com

Consistory court evidence or “Call My Bluff”: Episode 1 – Law & Religion UK

Posted August 30th, 2017 in Church of England, courts, documents, ecclesiastical law, evidence, judgments, news by sally

‘In our monthly reviews of consistory court judgments, it is not uncommon to encounter assertions in the submissions of petitioners, the amenity societies, and even “experts” which are less than robust. However, in this ecclesiastical variant on “Call My Bluff“, the Chancellor/Commissary-General invariably sees through the weasel words, exaggerations &c, and the published judgments reveal how the perpetrators are diplomatically taken to task, as appropriate. However, whilst statements made on checkable facts are easy to identify, those that transcend the binary “true or bluff” question to matters of opinion or the assessment of a particular “expert” are more complex to assess. The following discussion includes a number of examples on which future petitioners might wish to ponder.’

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Law & Religion UK, 30th August 2017

Source: www.lawandreligionuk.com

Ecclesiastical court judgments – July – Law & Religion UK

‘Review of the ecclesiastical court judgments during July 2017.’

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Law & Religion UK, 3rd August 2017

Source: www.lawandreligionuk.com

Guidance on “Ruined Churches” – Law & Religion UK

‘ChurchCare has published a CBC Guidance Note on Ruined Churches, (“the Note”). Whilst much of the 14-page document is concerned with explaining the options available to dioceses and parishes for the management of these buildings, it also includes a brief summary of the law relevant to this little-explored area.’

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Law & Religion UK, 24th July 2017

Source: www.lawandreligionuk.com

Ecclesiastical court judgments – June – Law & Religion UK

Posted July 3rd, 2017 in burials and cremation, ecclesiastical law, faculties, news by tracey

‘Review of the ecclesiastical court judgments during June 2017.’

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Law & Religion UK, 3rd July 2017

Source: www.lawandreligionuk.com

Councils ‘illegally moving dead bodies to cover up grave blunders’ – Daily Telegraph

Posted April 28th, 2017 in burials and cremation, ecclesiastical law, local government, news by tracey

‘Bodies are being illegally shifted by councils to cover up burial errors, a Church of England court has heard.
A judge criticised councils who secretly correct their mistakes by “sliding” bodies across in the ground without lifting them out.’

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Daily Telegraph, 27th April 2017

Source: www.telegraph.co.uk

In re St John the Baptist, Penshurst – WLR Daily

Posted March 17th, 2015 in appeals, ecclesiastical law, law reports, listed buildings by sally

In re St John the Baptist, Penshurst [2015] WLR (D) 115

‘Since the decision to grant a faculty for the removal of a chancel screen of artistic merit from a Grade 1 listed church had been based on an erroneous evaluation of the facts, applying the test in In re St Edburga’s, Abberton [1962] P 10, the appeal had to be allowed and the grant set aside; but, considering the matter anew, the faculty would nevertheless issue.’

WLR Daily, 9th March 2015

Source: www.iclr.co.uk

A bill to abolish chancel repair liability has been successfully introduced into the House of Lords – Law Society’s Gazette

Posted July 18th, 2014 in bills, Church of England, ecclesiastical law, parliament, repairs by tracey

‘The proposed legislation seeks to ‘end the liability of lay rectors for the repair of chancels’ – in other words abolishing the demands for landowners to fund repairs to their parish church.’

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Law Society’s Gazette, 17th July 2014

Source: www.lawgazette.co.uk

In re St Lawrence, Wootton – WLR Daily

Posted April 24th, 2014 in ecclesiastical law, law reports, sale of goods by tracey

In re St Lawrence, Wootton: [2014] WLR (D) 176

‘Where disposal of church treasures was contemplated would-be petitioners and chancellors should apply a sequential approach, considering first disposal by loan, and only where that was inapposite, disposal by limited sale; and only where that was inapposite, disposal by outright sale. Chancellors merely needed to decide whether the grounds for sale were sufficiently compelling to outweigh the strong presumption against sale. For the future little weight should normally attach to “separation” of the article from the church as a reason for disposal by sale, and it was doubtful that “separation” would ever, on its own, have sufficient strength to justify sale of a church treasure.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

Chancel repair liability: The ancient law that could hit house prices – BBC News

Posted March 13th, 2014 in Church of England, ecclesiastical law, news, repairs by tracey

‘An ancient law which can force homeowners to pay for their local church’s repairs is blighting properties and depressing house sales, say campaigners. But what is chancel repair liability and what is the best way to deal with it?.’

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BBC News, 13th March 2014

Source: www.bbc.co.uk

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

Months of frantic lobbying expected as women bishops debate is temporarily stayed by Church of England – The Independent

Posted July 11th, 2012 in Church of England, clergy, ecclesiastical law, lobbying, news, women by tracey

” Supporters and opponents of women bishops are gearing up for months of frantic lobbying as a potentially historic vote which might have approved legislation today was temporarily stayed following an impassioned debate on the crucial issue.”

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The Independent, 9th July 2012

Source: www.independent.co.uk

 

Church of England meeting ahead of women bishops vote – BBC News

Posted July 6th, 2012 in Church of England, clergy, ecclesiastical law, news, women by tracey

“The Church of England’s ruling synod is meeting in York ahead of a planned vote on whether to allow women bishops.”

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BBC News, 6th July 2012

www.bbc.co.uk

Recent Church Measures – legislation.gov.uk

Posted May 25th, 2011 in ecclesiastical law, legislation by sally

Mission and Pastoral Measure 2011

Care of Cathedrals Measure 2011

Ecclesiastical Fees (Amendment) Measure 2011

Source: www.legislation.gov.uk

Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010

Posted March 22nd, 2010 in Church of England, ecclesiastical law, legislation by sally

Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010 published

Full text of Act

Source: www.opsi.gov.uk

Crown Benefices (Parish Representatives) Measure 2010

Posted March 19th, 2010 in ecclesiastical law, legislation by sally

Crown Benefices (Parish Representatives) Measure 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Church of England (Miscellaneous Provisions) Measure 2010

Posted March 19th, 2010 in ecclesiastical law, legislation by sally

Church of England (Miscellaneous Provisions) Measure 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk