Re Holy Cross, Newcastle

The chancellor had granted a faculty for the installation of a set of Stations of the Cross in September 2006. There had been one objector, who pursued his opposition principally on the grounds that they were ‘graven images’. On Sunday 11 March 2007, the objector removed one of the Stations from the wall and smashed it underfoot. The police were called and cautioned him. The objector later met the archdeacon and one of the churchwardens. He explained that it was his intention to cause more damage and/or disruption until the PCC voted to remove the Stations. He stated that he would take no action for three months. The objector refused to give an undertaking to the chancellor not to cause any further damage or disruption. One of the churchwardens petitioned for a restoration order under section 13(5) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and for an injunction. The chancellor refused the restoration order on the basis that the order did not enable him to make an order for the payment of money, in effect to award damages. The chancellor declined to make an order that the objector should himself restore the Station upon his own motion. The chancellor granted the injunction not to cause any further damage to any part of the fabric of the church, to the Stations of the Cross or to any other artefacts therein and not to cause any disturbance or disruption therein. The injunction was permanent, without limit of time. [JG]