“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).’

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Law & Religion UK, 25th January 2024

Source: lawandreligionuk.com

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

Posted January 15th, 2024 in Church of England, faculties, news by tracey

‘The otherwise unremarkable case Re St. Lawrence Toot Baldon [2023] ECC Oxf 10 concerning a confirmatory faculty for an unauthorized leger stone, explored the issue of “sufficient interest” in faculty petitions – an issue on which there was “surprisingly little authority”.’

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Law & Religion UK, 15th January 2024

Source: lawandreligionuk.com

Ecclesiastical court judgments – November – Law & Religion UK

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

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Law & Religion UK, 30th November 2023

Source: lawandreligionuk.com

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

‘“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.’

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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.’

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Law & Religion UK, 15th August 2023

Source: lawandreligionuk.com

Progress Pride flag as altar frontal – Law & Religion UK

Posted February 9th, 2023 in Church of England, faculties, homosexuality, news, transgender persons by sally

‘At the end of January 2023, the Daily Telegraph carried the headline Pride flag on altar of ‘church of woke’ triggers almighty court battle. In September 2022, it had been announced that the Pride flags which were hung from the altar at weekend services at St Nicholas, Leicester, would be replaced with “something a little more permanent” – “a huge Progress Pride flag made of fabric”. This is reported to have raised objections from in “hundreds of churchgoers within and beyond the diocese of Leicester” “as well as clergy” all of whom were attempting to block its use. Although the article suggests that a judgment from the consistory court was expected “imminently”, the issue has proved to be somewhat more nuanced.’

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Law & Religion UK, 8th February 2023

Source: lawandreligionuk.com

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

‘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.’

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Law & Religion UK, 4th January 2023

Source: lawandreligionuk.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.’

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Law & Religion UK, 12th December 2019

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

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

Reuse of graves – further considerations – Law & Religion UK

Posted August 11th, 2017 in burials and cremation, faculties, news by tracey

‘Re St Peter Terwick [2017] ECC Chi 2 is a relatively straightforward case concerning the development of a churchyard through the re-use of land formerly used for burial. However, it is important since in addition to the Chancellor’s summary of the diminishing availability of space for burial, the judgment records “the exemplary manner in which the parish has set about converting its aspiration into reality”.’

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Law & Religion UK, 9th 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

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

Judge bans widow from erecting gravestone saying her epitaph is “oversentimental” – Daily Telegraph

Posted October 14th, 2016 in bereavement, burials and cremation, faculties, news by sally

‘A judge has banned a widow from carrying out her husband’s dying wish to place a headstone at his grave saying her loving epitaph to him is “over sentimental”.

Full story

Daily Telegraph, 13th October 2016

Source: www.telegraph.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

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties – WLR Daily

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties) [2012] EWCA Civ 499;  [2012] WLR (D)  121

“It was for the Secretary of State of Justice, as the licensing authority for the exhumation of human remains (other than the power of a consistory court to grant a faculty to exhume human remains interred in consecrated ground of the Anglican Church), to determine on what grounds and in what circumstances to grant a licence to remove human remains. Apart from an obligation to act rationally and otherwise in accordance with the general law, there should be no fetter on his jurisdiction, nor any justification to import a presumption of permanence.”

WLR Daily, 24th April 2012

Source: www.iclr.co.uk

In re St Andrew’s Churchyard, Alwalton – WLR Daily

Posted February 11th, 2011 in burials and cremation, faculties, human rights, law reports by sally
“A petition for the exhumation of remains buried in consecrated land brought on the basis of an objection to enforcement of the churchyard regulations would not be granted where the petitioner had failed to establish special circumstances justifying an exception from the norm that Christian burial was final.”
WLR Daily, 10th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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.

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