swarb.co.uk - law index
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Ecclesiastical - From: 2002 To: 2002
This page lists 10 cases, and was prepared on 02 April 2018.
In re Blagdon Cemetry [2002] Fam 299
2002
ConC
Ecclesiastical
A disinterment of remains should be granted only in exceptional circumstances.
1 Citers
In re St Mary's Church, Wimbledon Times, 19 April 2002; Gazette, 23 May 2002
17 Mar 2002
ConC
Mr Charles George, QC
Ecclesiastical
An application was made for a faculty to place a plaque at the church commemorative of a couple who had been the only married couple to win a mixed doubles championship title at the Wimbledon Tennis tournament. The two people to be remembered had not worshipped at the church with any regularity, but one was interred in the church's garden of remembrance. Held: There should be some demonstrable connection between the person to be commemorated and the church where commemoration was sought, but that need not have taken the form of having been a parishioner and worshipper. The local connection in this case was sufficient.
In re Christ Church, Harwood Times, 09 May 2002
30 Mar 2002
ConC
Mr John Holden
Ecclesiastical
The petitioners sought a faculty to be allowed to have a portrait of the deceased engraved on the headstone. Held: Such a faculty might be granted unless the image raised some doctrinal issue. It had to be shown that the engraved portrait on the gravestone was an important part of their grieving, that the parochial church council would be able to look after the memorial; that the engraving was durable; the memorial was appropriate within its surroundings and posed no health and safety hazard.
Calvert v Gardiner and Others Times, 22 July 2002
10 May 2002
QBD
Mr Justice Burton
Ecclesiastical, Nuisance
The claimant sought damages for nuisance in the form of the loud ringing of church bells. The claim was against the local church and also against the bishop. Held: The ring of bells might in law amount to a nuisance, but the action against the Bishop was not going to succeed and was struck out. The management of the church bell ringing was specifically within the remit of the local church. The vicar had a degree of security of tenure, and the bishop had no disciplinary rights or other form of control which might make him potentially liable.
In re St Catherine's Church, Drayton Gazette, 20 June 2002
15 May 2002
ConC
Ecclesiastical
(Bath and Wells Cons Ct (Briden Ch)) The church sought a faculty to erect a ringing floor in the bell tower. The petition was opposed on the grounds that the cost was excessive relative to the financial condition of the church. Held: The consideration of a faculty did not include consideration of the financial wisdom of the parochial church council. That body was elected by the parishioners, and the remedy for disaffected parishioners lay in the elections. The furthest that the consistory court could go was to see whether funds were in fact available to complete the work.
His Beatitude Archbishop Torkom Manoogian, the Armenian Patriarch of Jerusalem v Yolande Sonsino, National Westminster Bank plc, Her Majesty's Attorney General [2002] EWHC 1304 (Ch)
5 Jul 2002
ChD
The Hon Mr Justice Jacob
Ecclesiastical
[ Bailii ]
In re Keynsham Cemetery Times, 14 October 2002; Gazette, 24 October 2002; [2003] 1 WLR 66
18 Sep 2002
ConC
Brides, Bath and Wells Consistory Court
Ecclesiastical
The local burial authority sought to carry out tests on the safety of gravestones. Held: Tests which were not likely to cause physical damage did not need a faculty, but tests which might require anything more than minor work, by for example laying flat unstable gravestones, would require a faculty.
1 Citers
Barnes v Derby Diocesan Board of Finance and Another Times, 22 November 2002
14 Nov 2002
ChD
Etherton J
Ecclesiastical, Land, Charity
Permission was sought to sell land within to the parish, and directions sought as to the application of the proceeds of sale. Held: The land had been transferred to the diocesan board of finance on the merger of two parishes, and was held for parochial or diocesan purposes. This was not special property, and since it was no longer needed, it could be sold, but the proceeds were to be applied within the parish and not for general purposes of the diocese.
Pastoral Measure 1983 31(1)(1)(d)
Regina (Williamson and Others) v Secretary of State for Education and Employment; CA 12-Dec-2002 - Times, 18 December 2002; [2003] QB 1300; [2002] EWCA Civ 1926; [2003] ELR 176
Ahsan Ullah, Thi Lien Do v Special Adjudicator, Secretary of State for the Home Department Times, 18 December 2002; Gazette, 13 March 2003; [2003] 1 WLR 770; [2002] EWCA Civ 1856
16 Dec 2002
CA
Lord Justice Kay, Lord Justice Dyson, Lord Phillips MR
Immigration, Ecclesiastical, Human Rights
The appellants challenged refusal of asylum, claiming that their return to countries which did not respect their religion, would infringe their right to freedom of religious expression. It was accepted that the applicants did not have a sufficient well founded fear of persecution in the general sense. Held: The Convention had come to regulate in part how signatory countries controlled their immigration, but controlled signatory states as to their treatment of those within their jurisdiction only. The right to control immigration might trump the human rights of those whose movement was to be controlled. The claimants sought the right to practise and preach their religions freely. The extension of Convention rights conflicted with the principle of territoriality, and had only been allowed for article 3. The present court was not required to take it further for article 9 where the interference in the exercise of that right fell short of being article 3 ill-treatment.
"a removal decision to a country that does not respect article 9 rights will not infringe the 1998 Act where the nature of the interference with the right to practise religion that is anticipated in the receiving state falls short of article 3 ill-treatment. It may be that this does not differ greatly, in effect, from holding that interference with the right to practise religion in such circumstances will not result in the engagement of the Convention unless the interference is 'flagrant'."
European Convention on Human Rights Art 3 Art 9
1 Cites
1 Citers
[ Bailii ]
