The petitioner sought a confirmatory faculty to permit the retention of kerbs and slate chippings which had been placed at the grave of his late father. Although the matter was ready for trial, at which the petitioner might have succeeded, he had written to the Registry withdrawing his petition. His letter went on: ‘for the avoidance of doubt, I do not consent to the church desecrating my father's grave by the removal of the stones and granite’.

The court explained that the removal of the items was the inevitable consequence of the withdrawal of the petition. The petitioner had prevented the court from ruling in his favour but the court could not compel the petitioner to proceed with a petition against his will. A faculty would be issued to the incumbent and churchwardens to remove the items and the petitioner would pay the costs of the petition. [DW]