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 Fundenhallwhere the Chancellor’s earlier unambiguous direction was not taken into consideration; Re St Andrew Buxtonin 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 →
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 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 →
Over the last two months, only nine new consistory court judgments have been reported. Although most of these relating to aspects of reordering, in Re Fairmile Cemetery Lower Assendon, the illegal practice of “coffin sliding” by the burial authority was brought to the attention of the Oxford consistory court. For completeness, we have also added outline details of an ECtHR case relating to churchyards, the judgment of which will be handed down early in June. In addition to links to our other posts relating to ecclesiastical law, this round-up includes summaries of cases in the following areas: Continue reading →
Last year, our August post, Pews, perceptions and practicalities, offered some thoughts on the “chairs vs pews” debate. The recent judgment on the reordering of St Margaret’s in Rainham, Kent, has prompted further consideration, this time concerning the media’s selective reporting and interpretation of consistory court judgments, as well as other related issues. Continue reading →
Brexit rumbles on, but perhaps the most important event of the week was the outcome of the Northern Ireland Assembly Election – on which we would not presume to comment…
Son (or more accurately daughter) of Miller?
Gina Miller, who mounted the successful challenge in the Supreme Court to the Prime Minister’s proposal to trigger Article 50 TEU by using the Royal Prerogative, has said that she is looking at launching a new challenge if Parliament is not given a vote on the final terms of Brexit. Speaking to Bloomberg, Ms Miller explained: Continue reading →