Reuse of graves – further considerations

Cemetery development at the local and national level

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”. The Chancellor suggests that “parishes elsewhere should not be deterred by the need to ‘lift and deepen’ or to re-position memorials”; furthermore, he indicates that in future cases, the court would be happy to give directions to address and determine preliminary issues where proposals for the reuse of graveyards are under consideration. Continue reading

New Southgate Cemetery Bill – Update

Lengthy passage of the Bill almost complete

In addition to the ballot bills included in the Commons Votes & Proceedings for 19 July on which we have reported, there were a number of Lords Messages including Private Bills [Lords]: New Southgate Cemetery Bill [HL], paragraphs 34 to 37. These indicate that the Private Bill relating to New Southgate Cemetery has completed its passage through the House of Lords and was read unopposed in the Commons for the first and second time.  Continue reading

Ecclesiastical court judgments – June

Review of the ecclesiastical court judgments during June 2017

Of the ten consistory court judgments reviewed this month, four have involved requests for confirmatory faculties in cases where the Petitioner had disregarded the requirements of ecclesiastical law: Re St Nicholas Fundenhall where the Chancellor’s earlier unambiguous direction was not taken into consideration; Re St Andrew Buxton in which the PCC proceeded without reference to the consistory court; and two examples of clear infringement of Churchyard Regulations, Re New Lonan Churchyard and Re St Mary Roughton. Continue reading

Law and religion round-up – 18th June

And in a week overshadowed by the horrendous fire at Grenfell Tower and the fallout from the General Election …

Access for Northern Ireland women to free abortion in England

On Thursday we posted Frank’s analysis of R (A and B) v Secretary of State for Health [2017] UKSC 41 in which the Supreme Court considered:

  • Was the Secretary of State ‘s failure to exercise his power to require abortion services to be provided through the NHS in England to women ordinarily resident in Northern Ireland unlawful as a failure to discharge his duty under s 3 of the National Health Service Act 2006 to “take such steps as he considers necessary to meet all reasonable requirements” for services?
  • Does the continuing failure to provide free abortion services in England to women ordinarily resident in Northern Ireland infringe Articles 14 (discrimination) and 8 (private and family life) ECHR?

The appeal was dismissed by a 3-2 majority, and we suggested that it is quite possible that the case is bound for Strasbourg. Continue reading

Law and religion round-up – 19th March

A week dominated by Brexit, ‘First Minister vs Prime Minister’ and the fall-out from the first judgments of the CJEU on religious manifestation… 

Brexit

As expected, on Monday the Commons rejected the Lords amendments to the European Union (Notification of Withdrawal) Bill, the Lords did not insist on their amendments and the bill passed. So after a total of 70 hours of debate, the EU (Notification of Withdrawal) Bill completed its passage through Parliament and received Royal Assent on Thursday. The BBC reports that the Prime Minister is expected to wait until the end of the month formally to notify the EU of the UK’s intention to leave.

Meanwhile in Scotland… Continue reading