Category: ecclesiastical law

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.’

Full story

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?.’

Full story

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.”

Full story

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.”

Full story

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

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.


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.

Vicar accused of spitting at churchwarden faces sack – The Guardian

Posted January 25th, 2008 in clergy, ecclesiastical law, news by sally

“A vicar accused of spitting at a churchwarden and acting ‘like a medieval pope’ faces the sack after a church court ruled he should be moved from his parish.”

Full story

The Guardian, 25th January 2008

Source: www.guardian.co.uk

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 

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

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.

Regina (Gibbs) v. Bishop of Manchester – Times Law Reports

Posted April 25th, 2007 in ecclesiastical law, employment, law reports by sally

Reasonable notice is sufficient

Regina (Gibbs) v. Bishop of Manchester

Queen’s Bench Division

“Since a lay worker in a diocese was not protected by employment legislation, his licence to serve might be revoked with no right of appeal, provided he had been given reasonable notice.”

The Times, 25th April 2007

Source: www.timesonline.co.uk

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