Wakefield Consistory Court: Collier Ch, December 2000
The petitioners sought a faculty for the sale and disposal of four silver cups and four silver patens to assist in fundraising for major restoration works of this 'historic and beautiful' church. The chancellor referred to Re St Gregory's, Tredington [1972] Fam 236, [1971] 3 All ER 269, and Re St Matthew, Hutton Buscel (1999) 5 Ecc LJ 486. The chancellor set out the following principles:
(i) church property cannot be sold by churchwardens without the consent of the PCC and the authority of a faculty;
(ii) some good and sufficient grounds must be proved to obtain a faculty;
(iii) a number of grounds might amount to 'good' grounds, including, but not limited to, redundancy;
(iv) the 'good' ground must also be 'sufficient', i.e. of sufficient weight to persuade the chancellor that a faculty should issue.
The chancellor should consider all relevant considerations in exercising his discretion in these circumstances. The chancellor's discretion was not fettered by requiring redundancy or dire financial need to be established, although such considerations were relevant. The chancellor found that the silverware was redundant. The faculty was granted.
(2001) 6 Ecc LJ 167-168
