The petitioner applied for a restoration order for re-instatement of free-standing pews which had been removed from the nave at St Leonard, Hythe. The Parochial Church Council (PCC) admitted that a series of pews had been removed and stored in the summer of 2020 to create space during restrictions caused by the COVID-19 pandemic. Their removal had not been sanctioned, either by faculty or by the archdeacon, and when they discovered that their actions were unlawful, the PCC unsuccessfully sought a temporary minor re-ordering licence. The PCC did not regret its actions and assured the court that the pews would be re-instated, first in October 2021 and later by December 2021. The pews were later re-instated, though there was uncertainty as to whether they had been only partially restored.

In a judgment decided on the papers, the commissary general ruled that the archdeacon was the proper respondent. As to the petition itself, the commissary general considered that the PCC ought to have known removing the pews was unlawful and that they had not acted expeditiously in correcting their actions. He considered that, on the facts of the case, a restoration order was more appropriate than an undertaking under Faculty Jurisdiction Rule 16.9, and accordingly granted the order sought. In light of their actions, the PCC were ordered to pay the costs of the petitioner and the registry. [Jack Stuart]