Peterborough Consistory Court: Coningsby Ch, June 2005
A faculty was sought to sell a fifteenth century painting showing the betrayal of our Lord in the garden of Gethsemane. In June 2004 the painting had been valued at £100,000 to £150,000. The DAC and CCC opposed the sale. The PCC had undertaken to replace the picture with a replica costing £9,750. The rest of the proceeds of sale were to be used to conserve and re-order the church. The chancellor considered Re St Gregory, Teddington [1972] Fam 236. The chancellor considered all the evidence about the painting's connection with the church at length, and concluded that the painting had not come into the church until the early twentieth century. He concluded that the painting was not significant in terms of mission and ministry of the church and that the church itself was not a suitable place for the public to access the painting as it was only used for worship once a month for a handful of people. The petitioners further argued that there were problems with security, problems with insurance and a serious financial position in relation to meeting the expense of maintaining the church building over the next few years. In all material particulars the chancellor preferred the petitioners' arguments to those of the DAC and CCC. The faculty was granted subject to the painting remaining in England and being available to be viewed by members of the public. The reserve price for any sale was to be £160,000. The sale was to be completed within 12 months. There should be a copy made, with an explanation plainly displayed as to the historical background including how the original came to be sold.
(2006) 8 Ecc LJ 377
