ecclesiastical law – Current Awareness

Voidable marriages – Ecclesiastical Law Journal

Posted March 21st, 2024 in ecclesiastical law, marriage, news by sally

‘This article critiques the decision of the Court of Appeal in Re SA (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003. In Re SA the Court of Appeal held that: (1) by operation of section 16 of the Matrimonial Causes Act 1973, a voidable marriage is not void at its inception and is therefore not caught by section 58(5)(a) of the Family Law Act 1986, and (2) the effect of section 16 of the 1973 Act is that a voidable marriage starts off fully valid but only on making a decree absolute of nullity becomes invalid. This article contends that the approach adopted by the Court of Appeal in SA is conceptually challenging, based on a misreading of the statutory language, and is directly contrary to long-established and powerful authorities.’

Ecclesiastical Law Journal, 18 January 2024

Source: www.cambridge.org

“Sufficient interest” in faculty petitions – II – Law & Religion UK

Posted January 25th, 2024 in ecclesiastical law, faculties, jurisdiction, news by sally

‘Re St. Nicholas Leicester [2023] ECC Lei 3 is the third consideration of an on-going faculty application for the introduction of a new altar frontal in the form of a Progress Pride image with a white cross applied to it. Two potential designs have been provided and the petitioners are seeking to have permission for the frontal to be displayed during Sunday worship and on Saturdays when the church is open to the public, Re St. Nicholas Leicester [2023] ECC Lei 1 (28 January 2023).’

Law & Religion UK, 25th January 2024

Source: lawandreligionuk.com

Ecclesiastical court judgments – November – Law & Religion UK

Posted November 30th, 2023 in burials and cremation, clergy, ecclesiastical law, faculties, historic buildings, news by sally

‘Eleven consistory court judgments were circulated in November and relate to reordering, exhumation, and churchyards.’

Law & Religion UK, 30th November 2023

Source: lawandreligionuk.com

Guidance on Churchyard Regulations after Exhall – Law & Religion UK

Posted November 20th, 2023 in burials and cremation, Church of England, ecclesiastical law, news by tracey

‘On 16 June 2021 the Court of Arches handed down its reserved judgment Re St Giles Exhall [2021] EACC 1 on which we posted a Case Note. This 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”. In its judgment, the Arches Court considered the factors that Chancellors should take into account and apply in relation to schemes of delegation (a.k.a. “Churchyard Regulations”), and when determining faculty petitions concerning inscriptions in languages other than English.’

Law & Religion UK, 20th November 2023

Source: lawandreligionuk.com

Removal of plaque from church for safeguarding reasons – Law & Religion UK

Posted October 17th, 2023 in child abuse, ecclesiastical law, faculties, monuments, news, rehabilitation, sexual offences by sally

‘“Guidance on Contested Heritage issued by the Church Buildings Council and the Cathedrals Fabric Commission for England [in 2021] emphasizes that it is of particular importance to the Church that its buildings should be welcoming to all, and that any symbols of injustice and sources of pain that they may contain are acknowledged and addressed“.

So noted Hodge Ch. in Re Removal of a Commemorative Plaque for Safeguarding Reasons [2023] ECC Oxf 9[*] in his determination on a petition to remove an unauthorized commemorative plaque from within a church.’

Law & Religion UK, 17th October 2023

Source: lawandreligionuk.com

“Due regard” and statutory guidance-(I) – Law & Religion UK

Posted August 15th, 2023 in building law, Church of England, ecclesiastical law, faculties, news by sally

‘The requirement to have “due regard” to statutory guidance is an important obligation placed upon the various actors in both consistory court proceedings and tribunals considering the Clergy Discipline Measure. This post considers guidance produced under the Dioceses, Pastoral and Mission Measure 2007. Part II will address the authority of guidance; the application of guidance and sanctions; and Clergy Discipline and Safeguarding.’

Law & Religion UK, 15th August 2023

Source: lawandreligionuk.com

Mark Hill KC & Simon Lee: State, Churches and Chancel Repairs – Twenty Years On – UK Constitutional Law Association

Posted June 27th, 2023 in Church of England, ecclesiastical law, human rights, news, repairs by sally

‘Twenty years ago today, on 26 June 2003, each of the five Law Lords in Aston Cantlow v Wallbank [2004] 1 AC 546 gave separate, detailed opinions on a matter at the cusp of public law and private law. Was the Parochial Church Council (PCC) of a beautiful parish church in Warwickshire responsible for the cost of necessary repairs to its fabric, or were the owners of a neighbouring farm subject to chancel repair liability? The church of St John the Baptist, Aston Cantlow, some three miles outside Stratford-upon-Avon, dated from Saxon times. In the first Elizabethan era, it is where William Shakespeare’s parents were married. In the second Elizabethan era, it attracted a judicial inquiry into the very nature of the Church of England.’

UK Constitutional Law Association, 26th June 2023

Source: ukconstitutionallaw.org

Law & religion in the consistory courts 2022 – Law & Religion UK

Posted January 5th, 2023 in burials and cremation, Church of England, ecclesiastical law, faculties, news by sally

‘The post Law & religion in the UK courts 2022 highlights some of the most significant UK religion cases in the secular courts over the past year. Decisions of the consistory courts of the Church of England have been reported on a monthly basis and these ~150 cases were summarized in our annual review. In this post, we summarize nine cases which demonstrate different aspects of ecclesiastical law which have been of interest during the year. These include: “contested heritage“; the practical aspects of the Church’s “net zero“ commitment; a variant on the “seats vs pews” debate; a hark back to the Pre-Raphaelites; the Burial Act 1855; and cautionary tales from the courts.’

Law & Religion UK, 4th January 2023

Source: lawandreligionuk.com

“Contested heritage” and offensive inscriptions: Re St Margaret Rottingdean – Law & Religion UK

Posted February 5th, 2021 in burials and cremation, demonstrations, ecclesiastical law, news, racism by sally

‘On 17 June 2020, we posted Of graves, headstones and “offensive” inscriptions: Re St Margaret’s Rottingdean in which we examined the judgment and directions in Re St Margaret Rottingdean [2020] ECC Chi 4, handed down on 15 June 2020, in the context of the developments following the public protests associated with the Black Lives Matter campaign which came to a head in the UK over the weekend of 6/7 June 2020 with the toppling of the statue of slave-trader Edward Colston and its deposit in the harbour in Bristol.’

Law & Religion UK, 4th February 2021

Source: lawandreligionuk.com

Carbon neutrality and the consistory courts – Law & Religion UK

Posted November 25th, 2020 in Church of England, climate change, ecclesiastical law, environmental protection, news by sally

‘The practical issues of reducing GHG emissions were considered in Re St. Mark Mitcham [2020] ECC Swk5, which concerned the replacement of an existing gas fuelled heating system. Mindful of Synod’s commitment, Chancellor Philip Petchey expressed a hope that those who involved in achieving the carbon reduction targets would find the judgment helpful.’

Law & Religion UK, 24th November 2020

Source: lawandreligionuk.com

Church of England disowns ruling on Irish epitaph on gravestone – The Guardian

Posted June 9th, 2020 in burials and cremation, Church of England, ecclesiastical law, monuments, news by sally

‘The Church of England has disowned a legal ruling in its own religious courts after a grieving family was banned from erecting a memorial with an untranslated motto in Irish because it might arouse political “passions”.’

The Guardian, 5th June 2020

Source: www.theguardian.com

Faculty Jurisdiction – further amendments, April 2020 – Law & Religion UK

Posted December 12th, 2019 in amendments, ecclesiastical law, faculties, news, regulations by tracey

‘On 1 April 2020, The Faculty Jurisdiction (Amendment) Rules 2019 come into force; these make a number of important changes to the earlier Rules, including: the substitution of a new Part 4 dealing with consultation and advice; revision and expansion of Lists A and B; extension of the Archdeacon’s jurisdiction for temporary minor re-ordering; and various other amendments to improve the operation of the Rules.’

Law & Religion UK, 12th December 2019

Source: www.lawandreligionuk.com

Nicknames including “popsicle” banned on gravestones at Church of England church – Daily Telegraph

Posted December 11th, 2019 in burials and cremation, Church of England, ecclesiastical law, families, names, news by tracey

‘Nicknames on gravestones are not to be allowed, a Church of England court has declared as it bans the use of “popsicle” on a church’s headstones.’

Daily Telegraph, 10th November 2019

Source: www.telegraph.co.uk

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.’

Law & Religion UK, 12th November 2019

Source: www.lawandreligionuk.com

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

Posted November 1st, 2019 in Church of England, ecclesiastical law, health & safety, internet, news, telecommunications by sally

‘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.’

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.’

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.’

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.’

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.’

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.’

BBC News, 22nd February 2019

Source: www.bbc.co.uk

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