Middlewich Town Council v Middlewich Cemetery Joint Committee Board & Ors [2026] EWHC 200 (KB) (04 February 2026)

Middlewich Town Council v Middlewich Cemetery Joint Committee Board & Ors [2026] EWHC 200 (KB) (04 February 2026)

The Court found that the Claimant is the lawful owner and burial authority for Middlewich Cemetery, that the Tomlin Order was void and unenforceable as it purported to delegate statutory functions contrary to the Local Government Act 1972, and that the Defendants must deliver up all remaining records, documents, and control of the Cemetery, provide a full account of all Cemetery funds, and pay over any misappropriated sums. The interim injunction was extended and made final against all Defendants, including in respect of all relevant bank accounts and materials. The Outlook e-mail account material must also be delivered up if available.

Citation
[2026] EWHC 200 (KB)
Parties
Claimant: Middlewich Town Council; First Defendant: Middlewich Cemetery Joint Committee Board; Second Defendant: Simon McGrory; Third Defendant: Jean Eaton; Fourth Defendant: Sonya Edwards; Fifth Defendant: Claire Armstrong; Sixth Defendant: Nicola Antoney; Seventh Defendant: William Walmsley
Jurisdiction
England and Wales
Judgment Date
04 February 2026
Procedural Posture
Civil Claim (injunctions, Declarations, Account, Consolidation) / Final Trial and Judgment After Interim Relief and Consolidation of 2022 and 2025 Proceedings
Outcome
Claim allowed. Tomlin Order set aside. Stay lifted on 2022 proceedings. Proceedings consolidated. Final injunctive and declaratory relief granted.
Legal Topics
Statutory Powers of Parish Councils, Delegation of Cemetery Management, Enforceability of Tomlin Orders, Misappropriation of Public Funds, Provision of Accounts, Banking Irregularities, Ownership of Public Cemeteries
Local Government Law Civil Procedure Trusts and Charities Law Administrative Law Statutory Powers of Parish Councils Delegation of Cemetery Management Enforceability of Tomlin Orders Misappropriation of Public Funds +3 more

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Parties

Middlewich Town Council

Claimant

Middlewich Cemetery Joint Committee Board

First Defendant

Simon McGrory

Second Defendant

Jean Eaton

Third Defendant

Sonya Edwards

Fourth Defendant

Claire Armstrong

Fifth Defendant

Nicola Antoney

Sixth Defendant

William Walmsley

Seventh Defendant

Procedural Posture

Civil Claim (injunctions, Declarations, Account, Consolidation) / Final Trial and Judgment After Interim Relief and Consolidation of 2022 and 2025 Proceedings

Legal Issues

  1. 1 Whether the Tomlin Order of 2024 was void and unenforceable due to statutory illegality
  2. 2 Whether the Claimant is the lawful owner and burial authority for Middlewich Cemetery
  3. 3 Whether the Defendants must deliver up all records, documents, and control of the Cemetery to the Claimant

Ratio Decidendi

The Court found that the Claimant is the lawful owner and burial authority for Middlewich Cemetery, that the Tomlin Order was void and unenforceable as it purported to delegate statutory functions contrary to the Local Government Act 1972, and that the Defendants must deliver up all remaining records, documents, and control of the Cemetery, provide a full account of all Cemetery funds, and pay over any misappropriated sums. The interim injunction was extended and made final against all Defendants, including in respect of all relevant bank accounts and materials. The Outlook e-mail account material must also be delivered up if available.

Court Disposition

Claim allowed. Tomlin Order set aside. Stay lifted on 2022 proceedings. Proceedings consolidated. Final injunctive and declaratory relief granted.

Orders

  • Tomlin Order of 2024 set aside as void and unenforceable.
  • Stay on 2022 proceedings lifted; proceedings consolidated with 2025 claim.