Ecclesiastical Law

Chambers has a long and valued association with ecclesiastical law. Peter Boydell QC, Head of Chambers 1965 - 1997, was Chancellor of the Dioceses of Oxford, Truro and Worcester. Hugh Forbes QC (later Mr. Justice Forbes) was Chancellor of the Diocese of Chelmsford. Sheila Cameron QC, a former Member of Chambers and recently retired as the Dean of the Arches, was Chancellor of the Dioceses of Chelmsford and London. She was also Vicar General to the Archbishop of Canterbury. Charles George QC is now Dean of the Arches in the province of Canterbury and Auditor in the Chancery Court of York. Charles Mynors is Chancellor of the Diocese of Worcester. Philip Petchey is Chancellor of the Diocese of Southwark and Deputy Chancellor of the Diocese of Guildford. Gregory Jones is Deputy Chancellor of the Diocese of Truro and Deputy Chancellor of the Diocese of Exeter and Deputy Chancellor of the Diocese of Ely.

Permission to alter a church, whether listed or unlisted, requires a faculty issued by the Chancellor of the relevant diocese. Contested cases may involve a hearing in the Consistory Court. An appeal goes to the Court of Arches (in the Province of Canterbury) and the Chancery Court of York (in the Province of York).

Exhumation of human remains also requires a faculty. Such cases are rarely straightforward.

Reorganisation of parishes (often involving making churches redundant) under the Pastoral Measure 1983 may involve representations to the Church Commissioners and on appeal to the Privy Council.

The ancient law of advowsons (the right of a patron to present a priest to a living) still raises legal issues from time to time.

Issues relating to the employment of the clergy raise questions separate from and additional to ordinary employment law.

The owner of land in the vicinity of an ancient parish church may be under a liability to repair the chancel of that church.

Secular law issues may have an ecclesiastical law aspect (e.g. what are the powers of a local planning authority in respect of listed funeral monuments in a churchyard? Can a churchyard be registered as a village green?).

Denominations other than the Church of England are often regulated under constitutions which derive their authority from Acts of Parliament.

Members of Chambers advise in relation to all aspects of ecclesiastical law, both those relating to the Church of England and also those related to other denominations. They are experienced in appearing in the ecclesiastical courts as well as in ecclesiastical cases in secular courts, and will settle all the necessary pleadings.

Recent cases in which Members of Chambers have been involved include:

Appeal against refusal of permission for a telecommunications mast.

• Re Emmanuel, Bentley (Court of Arches)

Exhumation to a family grave.

• Re Blagdon Cemetery (Court of Arches)

Whether a churchyard was full.

• Re Brightlingsea Churchyard (Chelmsford Consistory Court)

Liability for chancel repairs.

• Aston Cantlow PCC v Wallbank (House of Lords)

Interpretation of Pastoral Measure 1983

• Barnes v Derby Diocesan Board of Finance (High Court)

Employment of the clergy and the Human Rights Act.

• Bishop of Stafford v Owen

Whether a bridleway can arise by virtue of long use across a churchyard

• St. Mary's, Westwell