Re-use of institutional burial grounds – Law & Religion UK

‘Disused burial grounds both old and ancient frequently feature in Midsomer Murders. In real life, however, their reuse is an on-going concern in view of the growing shortage of burial space. On 30 April, The Guardian reports “C of E intervenes in row over plan to build car park over graveyard”. The issue is not new, but it is necessary to unpick some of the journalese and identify the legal issues involved. A number of the issues raised in the Guardian article on the former Calderstones hospital in Lancashire echo those considered in In re Radcliffe Infirmary Burial Ground [2011] PTSR 1508.’

Full Story

Law & Religion UK, 3rd May 2018

Source: www.lawandreligionuk.com

Ecclesiastical court judgments – April – Law & Religion UK

Posted May 1st, 2018 in ecclesiastical law, judgments, news by tracey

‘Review of the ecclesiastical court judgments during April 2018.’

Full Story

Law & Religion UK, 30th April 2018

Source: www.lawandreligionuk.com

Bath Abbey pews: costs – Law & Religion UK

Posted March 28th, 2018 in appeals, Church of England, costs, ecclesiastical law, listed buildings, news by tracey

‘In refusing the Victorian Society permission to appeal on the removal of pews from Bath Abbey on 1 March 2018, ([2018] EACC 1), the Dean of Arches directed that the Victorian Society (VS) should bear the petitioners’ reasonable costs of submitting the Response and the court costs of considering and determining the application. On 8 March 2018, the VS submitted a Representation on Costs (“the Representation”), dated 5 March 2018. “In purported reliance on Re St Mary, Sherborne [1996] Fam 63, the Victorian Society contends that the court costs on appeal should be paid by the petitioners irrespective of whether they have been successful or not on the appeal (at 70C)” .’

Full Story

Law & Religion UK, 27th March 2018

Source: www.lawandreligionuk.com

Ecclesiastical court judgments – February 2018 – Law & Religion UK

‘Review of the ecclesiastical court judgments during February 2018.’

Full Story

Law & Religion UK, 3rd March 2018

Source: www.lawandreligionuk.com

Heraldic memorials in churches – Law & Religion UK

Posted February 23rd, 2018 in ecclesiastical law, faculties, monuments, news by tracey

‘A recent judgment on the installation of a hatchment in the church of St Mary Magdalene, Adlestrop, includes an examination of the arcane rules of heraldry and their present-day relevance in the Church of England. Following a brief consideration of what is and who can have a hatchment, the court determined whether a hatchment should now be displayed in a Church. It also includes a warning to witnesses as well as others seeking information on obscure areas such as this: “Alas, a Google search is not always accurate or complete” [34], (to which should be added, Wikipedia, as we often remind ourselves).’

Full Story

Law & Religion UK, 22nd February 2018

Source: www.lawandreligionuk.com

Deliberate breach of faculty conditions – Law & Religion UK

Posted February 6th, 2018 in Church of England, construction industry, ecclesiastical law, news, repairs by tracey

‘In 2014 we posted “Ignorance of the Faculty Jurisdiction Rules is no excuse…”, and expanding on this theme, “Risks of disregarding the faculty jurisdiction” in June 2016. The recent case Re St Peter & St Paul Pettistree [2017] ECC SEI 6 concerned a “deliberate and avoidable” breach of the terms of the faculty by a professional on the list of DAC-approved architects.’

Full Story

Law & Religion UK, 6th February 2018

Source: www.lawandreligionuk.com

Ecclesiastical court judgments – December and January – Law & Religion UK

Posted February 1st, 2018 in courts, ecclesiastical law, judgments, news by tracey

‘Review of the ecclesiastical court judgments during January 2018, & additional judgments from 2017.’

Full Story

Law & Religion UK, 31st January 2018

Source: www.lawandreligionuk.com

Application of Provincial Court decisions – Law & Religion UK

Posted January 30th, 2018 in Church of England, courts, ecclesiastical law, judgments, news by sally

‘On 8 February, General Synod will consider the Report of the Revision Committee, GS 2064Y, on the draft Church of England (Miscellaneous Provisions) Measure, GS 2064A. An issue of relevance to ecclesiastical jurisdiction is Clause 7, which will finally resolve an on-going issue of the applicability of decisions of the Provincial Courts.’

Full Story

Law & Religion UK, 29th January 2018

Source: www.lawandreligionuk.com

Ecclesiastical court judgments – December – Law & Religion UK

Posted January 19th, 2018 in ecclesiastical law, faculties, listed buildings, monuments, news by tracey

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

Full Story

Law & Religion UK, 16th January 2018

Source: www.lawandreligionuk.com

Bath Abbey can remove its pews to let it hold bake sales and graduation ceremonies, court rules – Daily Telegraph

Posted December 20th, 2017 in Church of England, ecclesiastical law, listed buildings, news by sally

‘Churches don’t need pews any more because they are increasingly used for bake sales and art exhibitions, a church court has said, as it ruled Bath Abbey can remove its Victorian pews.’

Full Story

Daily Telegraph, 19th December 2017

Source: www.telegraph.co.uk

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’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full story

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