The petitioner, a bellringer of 26 years’ standing, applied to the consistory court for an injunction against the Dean and Chapter of York Minster, ordering that they be ‘forbidden from frustrating the long-serving team of York Minster ringers in continuing their voluntary Godly duties of ringing York Minster's bells for services according to Minster customs’. The chancellor refused the injunction on the basis that he lacked jurisdiction to make the order for two reasons: first, the consistory court had no jurisdiction over the cathedral church of the diocese; second, the injunctive power of the consistory court deriving from section 13(4) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 was limited to matters that would require a faculty if undertaken lawfully. The ringing or non-ringing of bells did not fall within that limitation. The chancellor observed that, if the case had fallen to be decided on its merits at all, he would have recused himself as he was the Chair of the Cathedral Council, but he considered that there could be no perception of bias when the sole issue was jurisdiction in so plain a case. [RA]
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