Liability for chancel repairs - House of Lords overrules Court of Appeal | Practical Law

Liability for chancel repairs - House of Lords overrules Court of Appeal | Practical Law

Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank, 26 June 2003 (House of Lords).

Liability for chancel repairs - House of Lords overrules Court of Appeal

Practical Law UK Legal Update 9-107-1619 (Approx. 8 pages)

Liability for chancel repairs - House of Lords overrules Court of Appeal

by NATING GROUP
Law stated as at 27 Jun 2003England, Wales
Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank, 26 June 2003 (House of Lords).
The House of Lords has overruled the Court of Appeal's decision on the enforcement of the liability for chancel repairs. The liability is enforceable, as parochial church councils (PCCs) are not 'core' public authorities and even if 'hybrid' public authories, the function of enforcing the chancel repairs liability is not a public function. It follows, therefore, that liability for the cost of the chancel repairs could not be avoided on the basis that the PCC in question had acted in such a way that was incompatible with a Convention right, in breach of section 6 of the Human Rights Act 1998.
This item contains a link to the following Practice Notes: