In granting a faculty for the minor re-ordering of a listed church the chancellor commented upon the inherent unsuitability of faculty proceedings for settlement between the parties, such proceedings not being in the nature of adversarial litigation. Two parishioners had chosen to become formal objectors to the petition but had later withdrawn their objections ‘in view of the concessions the petitioners have made’. These were the subject of ‘without prejudice’ correspondence to which the court was not privy, and the petitioners pursued the petition in its original form. Any agreement between the parties could not fetter the discretion of the court. [RA]
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