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Re St Mary, Barcombe

Chichester Consistory Court: Hill Ch, November 2009 Re-ordering – withdrawal of formal objection

Published online by Cambridge University Press:  30 April 2010

Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Dioceses of Chichester and Norwich
Will Adam
Affiliation:
Rector of Girton, Ely Diocesan Ecumenical Officer
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2010

In granting a faculty for the minor re-ordering of a listed church the chancellor commented upon the inherent unsuitability of faculty proceedings for settlement between the parties, such proceedings not being in the nature of adversarial litigation. Two parishioners had chosen to become formal objectors to the petition but had later withdrawn their objections ‘in view of the concessions the petitioners have made’. These were the subject of ‘without prejudice’ correspondence to which the court was not privy, and the petitioners pursued the petition in its original form. Any agreement between the parties could not fetter the discretion of the court. [RA]