faculties – Current Awareness

The Star of David on Church of England gravestones? – Law & Religion UK

Posted December 5th, 2024 in burials and cremation, Church of England, ecclesiastical law, faculties, Judaism, monuments, news by tracey

‘In Re St Mary the Virgin Weston Turville [2024] ECC Oxf 8, Mrs Deborah Clark sought a faculty authorising the installation of a memorial commemorating her late husband, Joe. Though a Christian, he was of Jewish heritage, and Mrs Clarke wanted both a Star of David and a cross on his gravestone, explaining that “whilst Joe accepted Christianity, he was brought up with the Jewish Faith, and so I want to represent both Faiths on the headstone”. In doing so, she had the support of the Archdeacons of Buckingham and Oxford [5-7]. Her petition was unopposed; however, the former Chancellor of the Diocese of Norwich had recently ruled against allowing a Star of David on a memorial stone in that diocese.’

Law & Religion UK, 4th December 2024

Source: lawandreligionuk.com

Trees in Churchyards – Law & Religion UK

Posted December 2nd, 2024 in ecclesiastical law, faculties, news, trees by tracey

‘Trees seldom feature in the deliberations of the consistory courts, and since 2014 L&RUK has only reviewed 23 judgments in this area – just 1.9% of the total[*]. In June 2024, the Ecclesiastical Law Association (ELA) re-circulated Re St. Kenelm Upper Snodsbury [2001] Worcester Const. Ct., Mynors Ch on the basis that it was the first consistory court judgment since changes were made under the Faculty Jurisdiction Rules 2000 (SI 2047); this recognized that petitions concerning works to trees were quite different from those relating to building works and provides a special procedure accordingly.

This post includes summaries of Re St. Kenelm Upper Snodsbury and these twenty two subsequently reported cases which have been posted on L&RUK over the period 2015 to present; in descending chronological order.’

Law & Religion UK, 2nd December 2024

Source: lawandreligionuk.com

Balancing heritage and necessity: Consistory Court jurisdiction in managing churchyard trees – Law & Religion UK

Posted November 22nd, 2024 in Church of England, faculties, news, planning, trees by sally

‘The human race has always had an emotional attachment to trees. Trees live so much longer than a human lifespan that we imagine, perhaps sentimentally and fancifully, that they probably knew our ancestors and witnessed significant historical events. Certain familiar trees have become particular objects of affection. The wanton felling of the Gap Sycamore tree caused national outrage.’

Law & Religion UK, 22nd November 2024

Source: lawandreligionuk.com

Churchyard Regulations – “non-standard cases” – Law & Religion UK

Posted November 11th, 2024 in faculties, monuments, news, regulations, reports by tracey

‘The Report of the Ecclesiastical Judges Association Working Party into Churchyard Memorial Regulations (“the Report”), reviewed here and reproduced at the end of this post, included a consideration of how chancellors have dealt with petitions that do not comply with the criteria set by the diocesan Churchyard Regulations for the introduction of a memorial without a faculty.’

Law & Religion UK, 11th November 2024

Source: lawandreligionuk.com

Holy ground or Hollywood? – the canons & filming in church: Re St Mary the Virgin Morpeth – Law & Religion UK

Posted August 22nd, 2024 in ecclesiastical law, faculties, film industry, news by sally

‘In Re St Mary the Virgin Morpeth [2024] ECC New 2, the petitioners – the Revd Simon White, Rector of Morpeth, Dr Andrew Mowat, a churchwarden, and Camilla Stephenson, the Supervising Location Manager for DNA Films – sought a faculty to permit the filming within the church during June and July 2024 of a sequel to two “horror” films: 28 Days and 28 Weeks After. The sequel was to portray “a post-apocalyptic world in which people are largely infected by a ‘rage’ virus which leads them to violence”. Oscar-winning director Danny Boyle was to direct the film, which would star Aaron Taylor-Johnson, Jodie Comer, Jack O’Connell and Ralph Fiennes.’

Law & Religion UK, 22nd August 2024

Source: lawandreligionuk.com

Non-Christian symbols on churchyard headstones – Law & Religion UK

Posted July 9th, 2024 in Christianity, faculties, Judaism, monuments, news, regulations by sally

‘In the recent judgment Re St. Mary Shotesham [2024] ECC Nor 4, the petitioner sought to introduce a memorial stone into the churchyard of St Mary’s, Shotesham. The points at issue were whether the depiction of the Star of David at the top of the stone infringed the Diocesan Churchyard Regulations issued by Arlow Ch in 2016 and, if so, whether a faculty should nevertheless be granted.’

Law & Religion UK, 9th July 2024

Source: lawandreligionuk.com

Illegal disposal of pews: Church of St Michael, Bath, Twerton-on-Avon – Law & Religion UK

Posted June 18th, 2024 in ecclesiastical law, faculties, jurisdiction, news by tracey

‘In a guest post, Shirani Herbert, Legal Correspondent of the Church Times, reviews the errors, irregularities and illegality following the removal of pews under licence – Re: Church of St Michael, Bath, Twerton-on-Avon, [2024] ECC B&W 1.’

Law & Religion UK, 18th June 2024

Source: lawandreligionuk.com

Pipe Organs – repair, removal and replacement – Law & Religion UK

Posted May 10th, 2024 in Church of England, faculties, news by sally

‘Church pipe organs have featured in fewer than 2% of the total number of consistory court judgments reviewed in L&RUK. Nevertheless, the following links provide an indication of the range of issues that have been considered by the courts.’

Law & Religion UK, 10th May 2024

Source: lawandreligionuk.com

Sanctions imposed for illegal boiler installation – Law & Religion UK

Posted April 17th, 2024 in Church of England, faculties, news by sally

‘In Re St. Mary Stalbridge [2024] EC Sal 1, Willink Dep. Ch. set out the circumstances in which an oil-fired boiler was installed in the church without a faculty; explained his decision to grant a confirmatory faculty; and the conditions under which this was granted. In the same judgment, the Deputy Chancellor gave directions requiring the provision of further evidence on the circumstances in which the boiler was unlawfully installed. Those directions are included as an annex to the subsequent judgment Re St. Mary Stalbridge [2024] EC Sal 2 which considers how the illegal act occurred and determines the court’s response.’

Law & Religion UK, 17th April 2024

Source: lawandreligionuk.com

“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

“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”.’

Law & Religion UK, 15th 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

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

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.’

Law & Religion UK, 8th February 2023

Source: lawandreligionuk.com

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

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

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).’

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.’

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”.’

Law & Religion UK, 9th August 2017

Source: www.lawandreligionuk.com

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