In re Welford Road Cemetery, Leicester

Subject Matter

ECCLESIASTICAL LAW — Faculty — Municipal cemetery — Burial authority carrying out cemetery safety inspection — Memorials found to be unsafe laid flat — Burial authority seeking confirmatory faculty and faculty authorising future health and safety works — Whether memorial remaining property of person erecting it — Where responsibility for maintenance lying — Test to be applied on petition for confirmatory faculty — Whether laying memorials flat appropriate or proportionate response to risk — Whether jurisdiction to make restoration order requiring repair and restabilisation of memorials — Whether confirmatory faculty to be granted — Whether to be conditional on restoration of memorials — Whether conditional faculty for future works to be granted — Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No 1), ss 12(1), 13(5)

[2006] Fam 62; [2007] Fam 15; [2006] 2 WLR 1214; [2007] 2 WLR 506

Appellate History