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Ecclesiastical court judgments – December

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Review of the ecclesiastical court judgments during December 2023

Four consistory court judgments were circulated in December 2023 and featured Church Treasures, Exhumation, and Churchyards.


Church Treasures/Sale of Paintings/Loans/Memorials

Re St. Thomas the Apostle Killinghall [2023] ECC Lee 4 The petitioners sought: i] a confirmatory faculty in respect of work undertaken to various trees in the churchyard (crown lifting or pruning to three beech trees, two lime, and one each of Lawson Cypress, Irish yew, and Holly), and; ii] a prospective faculty for the disposal by sale of two paintings. The first uncontroversial component was approved. On the second, “the Diocesan Advisory Committee and the Church Buildings Council [had] the misfortune to find themselves in disagreement” – the DAC commended the sale, the CBC did not [1]. Hill Ch. observed:

“[4]. There is aways a subjective element as to when the Court should (or indeed must) direct consultation with Historic England, the local planning authority and the amenity societies or seek the advice of the CBC.

Given the monetary value of the two paintings (estimated professionally to be £125-£150 for each}, the Chancellor considered whether, in hindsight, his…



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