A couple today succeeded in a human rights challenge to a High Court ruling under the provisions of the little-known Chancel Repairs Act 1932, which had left them facing a £96,000 bill for repairs to their parishs ancient church.
The case has been closely watched by landowners throughout the country. It has important implications for other landowners who could also find the church turning to them for financial support as a result of the property they own.
The Wallbanks argued that their ownership of land in the Warwickshire parish Aston Cantlow and Wilmcote with Billesley could not impose upon them a liability to pay for repairs to the church. The couple also alleged that the claim by the church authorities was inconsistent with the European Convention on Human Rights.
Today backing their claim, Sir Andrew Morritt VC, sitting with Robert Walker and Sedley LJJ, said he considered that the ancient liability of landowners such as the Wallbanks to foot the bill for church repairs breached their human rights to protection of their possessions.
Sir Andrew said he considered that laws that imposed such a duty on landowners were “unjustifiably discriminatory”, and that to impose such a liability for church repairs amounted to a form of taxation which breached the human rights provisions.
“By virtue of section 6 of the Human Rights Act 1998, the Parochial Church Council, as a public authority acting otherwise than under the compulsion of primary legislation, may therefore not lawfully recover the cost of chancel repairs from Mr and Mrs Wallbank”, he said.
Mr Wallbank, who married in the church, said he was “totally amazed” when he and his wife found themselves faced with the bill. “We knew there was a connection between the farm and the church but believed it was purely a gentlemans agreement,” he said.
Last years decision, including legal costs, left the Wallbanks facing a total bill of £150,000. Today, despite their victory, Mr Wallbank said that they still faced a bill for lawyers’ fees which cannot be recouped.
Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another Court of Appeal (Sir Andrew Morritt VC, and Walker and Sedley LJJ) 17 May 2001.
Sarah Asplin (instructed by Rotherham & Co, of Coventry) appeared for the claimant; Ian Partridge (instructed by Eddowes Perry & Osbourne, of Sutton Coldfield) appeared for the defendants.
PLS News 17/5/01
