Exhumation and the Permanence of Christian Burial: a review of recent consistory court judgments – Law & Religion UK

Posted November 13th, 2019 in burials and cremation, Christianity, ecclesiastical law, news by sally

‘The presumption of the permanence of Christian burial is well-known, as are the leading authorities on the test for granting a faculty for exhumation: In Re Christ Church Alsager[1] in the Province of York and In Re Blagdon Cemetery[2] in the Province of Canterbury. There have been a number of legislative[3] and common law[4] developments post these judgments, but they nevertheless remain the principal authorities on the topic.’

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Law & Religion UK, 12th November 2019

Source: www.lawandreligionuk.com

5G – a new problem for consistory courts? – Law & Religion UK

‘On 12 October, The Times carried the headline Councils block 5G as scare stories spread, and commented “[c]onspiracy theorists spreading health scares about the 5G mobile network are pressuring local authorities to ban the technology from their towns. A number of Councils including Totnes in Devon, Glastonbury, Frome and Shepton Mallet, have imposed a ban on 5G installations, until they were satisfied that it was safe”. The issue is yet to be raised in the consistory courts, but in view of the Church of England’s recent encouragement for the introduction of this technology in churches, this is a timely point at which to consider the issues this raises.’

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Law & Religion UK, 1st November 2019

Source: www.lawandreligionuk.com

Exhumation and reburial of Captain Matthew Flinders – Law & Religion UK

Posted October 28th, 2019 in burials and cremation, ecclesiastical law, news, railways by tracey

‘This post reviews the secular and ecclesiastical legislation involved in the exhumation of Captain Flinders’ remains, discovered during the archaeological investigation at Euston Station, London, and their reburial in rural Lincolnshire. It updates an earlier post and incorporates the helpful Comments made and subsequent new information, and clarifies the legislative requirements involved.’

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Law & Religion UK, 28th October 2019

Source: www.lawandreligionuk.com

Exhumation without church or MoJ approval…- Law & Religion UK

Posted October 22nd, 2019 in burials and cremation, ecclesiastical law, Ministry of Justice, news by tracey

‘On 17 October 2019, the Daily Mail carried the snappily-titled, but detailed headline Remains of Captain Matthew Flinders – the man credited with naming Australia – will be reburied in his home village after being found in London during HS2 dig. The story concerns the remains of Captain Flinders which were discovered during the excavation of St James’s burial ground for the new High Speed rail project; the article explains:

“Following a request by descendants of the Flinders family and the local community that he be returned to his home village of Donington, Lincolnshire, HS2 Ltd’s chief executive Mark Thurston has written to the family to say he can be buried there.”

Well, not quite, for although under secular legislation, as the “nominated undertaker” under the Act, HS2 has the authority for the exhumation of Flinders’ remains and their subsequent retention, re-interment in the Donington churchyard is governed by ecclesiastical law.’

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Law & Religion UK, 19th October 2019

Source: www.lawandreligionuk.com

Churchwardens, pine cones and a cheeky squirrel – Law & Religion UK

Posted September 11th, 2019 in Church of England, ecclesiastical law, health & safety, news, trees by tracey

‘The short, 2-page judgment Re St Peter West Blatchington [2019] ECC Chi 4 will be of interest to those with the responsibilities for the care and maintenance of churchyards.’

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Law & Religion UK, 10th September 2019

Source: www.lawandreligionuk.com

Evidence from the grave – I – Law & Religion UK

Posted March 14th, 2019 in burials and cremation, DNA, ecclesiastical law, forensic science, news by tracey

‘The permanence of Christian burial and the application of Re Blagdon Cemetery [2002] Fam 299 has been a continuing theme on L&RUK, and has also been explored in Leading Works on Law and Religion. This is the first of three posts in which we consider exhumation for the purpose of examining the remains of monarchs, mass murderers, and for medical research. Most recently, in Re St. John’s Cemetery Elswick [2018] ECC New 4, the court granted a faculty for a temporary disinterment for the purposes of obtaining a DNA analysis from bone fragments to be taken from the remains, in relation to a criminal conviction of the petitioner’s husband.’

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Law & Religion UK, 13th March 2019

Source: www.lawandreligionuk.com

Churches no longer have to hold Sunday services – BBC News

Posted February 22nd, 2019 in Church of England, ecclesiastical law, news by tracey

‘A weekly Sunday service will no longer be compulsory for churches after a vote to change a 400-year-old law was passed by the Church of England’s ruling body.’

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BBC News, 22nd February 2019

Source: www.bbc.co.uk

Ecclesiastical court judgments – July 2018 – Law & Religion UK

Posted August 2nd, 2018 in burials and cremation, ecclesiastical law, historic buildings, news by tracey

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

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Law & Religion UK, 30th July 2018

Source: www.lawandreligionuk.com

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.’

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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.’

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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)” .’

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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.’

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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).’

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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.’

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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.’

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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.’

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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.’

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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.’

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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’

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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