Wakefield Consistory Court: Collier Ch, November 2000
A petition was sought for the removal of a stone altar from the nave of the church and its re-siting in the Lady Chapel. Reasons advanced for the petition included the creation of a flexible area which could be cleared for the use of dramatic readings and playlets in the liturgy and concerts or other public events. The chancellor stated that the burden of proof in such a petition rests upon the petitioners and that the standard of proof was the ordinary civil standard, namely the balance of probabilities. The chancellor applied the principle set out in Re H (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563, [1996] 1 All ER 1, HL, that the more serious the allegation, the less likely it is that the event occurred and, hence, the stronger the evidence required to establish that allegation. In the application of the principle the chancellor distinguished this case (in which the church was an unlisted building and the petition did not concern any interference with the fabric of the building) from a case involving the breaking up of the fabric of a Grade I listed building, creating permanent and irreversible change. He stated that more cogent evidence of a particular congregational need would be required in the latter case. This case was at the lower end of the spectrum. The petition was granted.
(2001) 6 Ecc LJ 162
