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Re St Mary, Ingleton

Leeds Consistory Court: Hill Ch, 9 June 2023[2023] ECC Lee 2Procedure – objection received in time – faculty set aside

Published online by Cambridge University Press:  18 January 2024

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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2024

A faculty had been granted for some modest works on this Grade II*-listed church, on the basis that the petition was unopposed. It transpired that a letter of objection had been received by the incumbent, within the time allowed for such letters to be received by the registry. The matter was not brought to the court's attention until an unsuccessful attempt at resolution by the incumbent.

The court directed that the faculty be set aside pursuant to rule 20.3(1)(a) of the Faculty Jurisdiction Rules 2015 in the interests of justice, and that the letter be treated as having been received by the registry in time. The correspondent did not respond to the invitation to become a party opponent, and upon considering the petition afresh, taking the letter into account, the court directed that a faculty should pass the seal as sought.