Ecclesiastical court judgments – July – Law & Religion UK
‘Review of the ecclesiastical court judgments during July 2017.’
Law & Religion UK, 3rd August 2017
Source: www.lawandreligionuk.com
Category: ecclesiastical law
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.’
Law & Religion UK, 24th July 2017
Source: www.lawandreligionuk.com
Ecclesiastical court judgments – June – Law & Religion UK
‘Review of the ecclesiastical court judgments during June 2017.’
Law & Religion UK, 3rd July 2017
Source: www.lawandreligionuk.com
Councils ‘illegally moving dead bodies to cover up grave blunders’ – Daily Telegraph
‘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.’
Daily Telegraph, 27th April 2017
Source: www.telegraph.co.uk
In re St John the Baptist, Penshurst – WLR Daily
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
‘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.’
Law Society’s Gazette, 17th July 2014
Source: www.lawgazette.co.uk
In re St Lawrence, Wootton – WLR Daily
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
‘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?.’
BBC News, 13th March 2014
Source: www.bbc.co.uk
In re St Chad, Bishop’s Tachbrook – WLR Daily
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
Church of England meeting ahead of women bishops vote – BBC News
“The Church of England’s ruling synod is meeting in York ahead of a planned vote on whether to allow women bishops.”
BBC News, 6th July 2012
Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010
Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010 published
Source: www.opsi.gov.uk
Crown Benefices (Parish Representatives) Measure 2010
Crown Benefices (Parish Representatives) Measure 2010 published
Full text of Act (PDF)
Source: www.opsi.gov.uk
Church of England (Miscellaneous Provisions) Measure 2010
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
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
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
“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.”
The Guardian, 25th January 2008
Source: www.guardian.co.uk
In re St Peter and St Paul, Chingford – Times Law Reports
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
“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.”
OUT-LAW.com, 24th August 2007
Source: www.out-law.com
