In refusing the petition of parents to reserve a grave space so that they could in due course be buried next to the grave of their daughter, the chancellor held that account was to be taken of a policy on reservation that had been adopted by a parochial church council (PCC) provided that it had not been adopted in bad faith and that it was capable of being justified on reasonable grounds. Because a PCC was likely to have a better understanding of local needs and wishes than the court, it followed that the court should give considerable weight to such a policy, even though it could not be conclusive. Only where there were exceptional circumstances should the court depart from the policy adopted by the PCC. In the present case the PCC had adopted a policy that those with a right to burial should be buried in the next space available. Anyone seeking to reserve a grave space in the face of such a policy needed to show that their case was markedly out of the ordinary, not only out of respect for the policy of the PCC but also as a matter of fairness where other parishioners had accepted the result of applying the policy. [Alexander McGregor]
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