from the Inner Temple Library
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re St Peter’s Church, Draycott; [2009] WLR (D) 105
“A consistory court should not exercise its jurisdiction to authorise the sale of a font in order to carry out repairs to a church, merely on the basis of a ‘financial need’. The court had to be satisfied that there was a ‘financial emergency’ which meant an immediate pressing need to carry out urgent critical work for which funds were not, or could not be made, available.”
WLR Daily, 23rd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
In re Hutton Churchyard, Somerset; [2008] WLR (D) 355
“Where responsibility for maintenance of closed churchyards had passed from a parish council to a local authority pursuant to s 215(3) of the Local Government Act 1972 a parish council retained sufficient interest to intervene in faculty proceedings concerning the laying flat of memorials in the churchyards. The duty of “maintenance of the churchyard” imposed on the local authority under s 215(3) was the same as the duty to keep “in decent order” imposed on the parish council under s 215(1) of the 1972 Act. Where memorials had been laid flat this included an obligation (1) to take into account as a primary consideration the safety of memorials (2) to consider as a factor the appearance of the churchyard, but a district council was under no duty to reinstate memorials it had laid flat because of the appearance of the churchyard.”
WLR Daily, 13th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Balancing mobile phone risks against benefits
In re St Peter and St Paul, Chingford
Court of Appeal
“In carrying out the balancing exercise necessary when considering whether to grant a faculty which would facilitate mobile telephone network coverage, it was necessary not to lose sight of the great benefits that had flowed from the introduction of the new technology when assessing the risk from evildoers.”
The Times, 8th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online from 21days from the date of publication
“A church has been given permission to install a 3G mobile phone mast on its tower despite there being a risk that the mast will transmit pornography. An ecclesiastical appeals court has overturned an earlier order and allowed the mast’s installation.”
OUT-LAW.com, 24th August 2007
Source: www.out-law.com
In re St Peter and St Paul, Chingford
“In carrying out the balancing exercise necessary in considering whether or not to grant a faculty for the installation of telecommunications equipment it was necessary to differentiate between the effect of the installation of equipment on children and the effect on adults. Mobile phone operators had to ensure a reasonable response to countering the risk to children from pornography over the mobile phone network. In respect of the risk to adults, to bar something which would be of benefit to the public generally because there was a risk that some adults would be able privately to access material which many Christians and others deplored was to take an unbalanced approach.”
WLR Daily, 21st August 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Current Awareness 