swarb.co.uk - law index
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Ecclesiastical - From: 2003 To: 2003
This page lists 6 cases, and was prepared on 02 April 2018.
In re Holy Trinity, Knaresborough; In re St Margaret's Hawes Times, 09 July 2003
21 May 2003
ConC
Chancellor Grenfell
Ecclesiastical
The court considered the grant of a faculty for the installation of mobile phone masts within church steeples. Held: The court should take account of published scientific standards. A challenge that a church steeple was not appropriate for use for a mast was unlikely to succeed, but conditions might be imposed requiring monitoring of levels of radiation. Cases requiring a parish to demonstrate positively that there was no threat to health need no longer be followed.
1 Cites
in re St Hildeburgh, Hoylake Times, 28 August 2003
6 Jun 2003
ConC
Chancelor David Turner QC
Ecclesiastical
The vicar and churchwardens petitioned for the removal of various accretions to the graveyard in breach of the diocesan regulations. Held: Departures from the regulations had been alowed over time. The court had to balance the desires of the relatives of the deceased with the long term interests of the community as a whole. In this case the proposals would not necessarily improve the churchyard. Historical laxity had led some parishioners to believe that the additions would be accepted. Some additions were so substantial that their removal would itself cause damage. The petition was to demonstrate that they could care for the memorials.
In re St Laurence, Alvechurch Times, 04 September 2003
19 Jun 2003
ConC
Charles Mynor, Chancellor
Ecclesiastical, Planning
The incumbent and churchwardens applied for a faculty for the creation of a car park and church hall. Planning permission had already been granted. Held: The Consistory Court could assume that once planning permission had been granted, the elements of the decision taken into account in that decision should be taken to have been correctly assessed. There remained issues as to the pastoral consequences, and a proposal was still required. The assumption might be displaced if it could be shown that the planners had failed to give appropriate attention to the special quality of the building.
Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another; HL 26-Jun-2003 - [2003] UKHL 37; Gazette, 04 September 2003; [2003] 3 WLR; [2004] 1 AC 546; [2003] 3 All ER 1213; [2003] UKHRR 919; [2003] HRLR 28; [2003] NPC 80; [2003] 27 EGCS 137
Blake v Associated Newspapers Ltd; QBD 31-Jul-2003 - [2003] EWHC 1960 (QB)
In re Holy Trinity, Bosham Times, 12 December 2003
10 Dec 2003
ConC
Ecclesiastical
A faculty was sought for the exhumation of a body in the graveyard, so that modern scientific tests could establish whether it was indeed the body of King Harold. Held: Such a faculty must be granted only if a clear benefit could be established. A Christian burial was final, with a presumption against exhumation, which included any disturbance of the remains. Special circumstances were required to displace the presumption, to the degree of great historic national or other interest, amounting to a compelling reason. In this case there remained a strong possibility that the exhumation would not prove the truth either way. The presumption against disturbance was not displaced.
