In 2004, this Journal published a case note of a decision by District Judge Thomas in the Gloucester County Court. At issue was the leeway permitted a District or Parish Council in discharging its obligation of maintaining a closed Anglican churchyard �by keeping it in decent order and its walls and fences in good repair�. The Parochial Church Council had passed responsibility for maintaining the churchyard to the Parish Council, which, in turn, had passed it to the District Council. The obligation was (and still is) no more and no less than that of the Parochial Church Council before the transfer. It is, said the note, �one of substantive maintenance and not merely management of decline (note the relief granted at first instance in R v Burial Board of Bishopwearmouth (1879) 5 QBD 67 at 68)
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