Re St Botolph without Aldgate (London Consistory Court; Newsom, Ch.. 16th May 1988)

The Incumbent had permitted an unincorporated association which was not a charity to use the tower room of a parish church. No faculty has been sought for the grant of a licence, so the members of the association were trespassers. At the instigation of the Court a petition was lodged making the incumbent, the churchwardens and (by amendment) the Parochial Church Council as well as the proposed licensee petitioners. The Archdeacon intervened. On advice from counsel, the incumbent decided not to pursue this application for faculty, and gave undertakings concerning the institution of civil proceedings against the members of the association and the supervision of their activities while they remained in occupation of the tower room. The only remaining issue was the association's application to be granted a licence despite the abandonment of the petition by the incumbent. Since, however, the association was not a person in law and could not be a party to the proceedings, the claim for the licence was stayed.

The Archdeacon was given liberty to apply for costs against the committee and officers of the association, after due notice to them of the application.

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(1988) 1:3 Ecc LJ 31