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19 November 2009 / Sam Cherry
Issue: 7394 / Categories: Features , Property
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Beyond repair?

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Sam Cherry on the lessons to be learned from the Wallbanks

Chancel repair liability has featured heavily in the media in recent weeks with the lead up to and subsequent selling of Glebe Farm via auction in Aston Cantlow by Andrew and Gail Wallbank. This well-documented saga began in 1990 when the Parochial Church Council (PCC) approached the Wallbanks to demand £6,000 to repair the chancel of the parish church.

The Wallbanks took advice on the issue and the ensuing legal battle began. Initially this resulted in the church winning the case at the High Court, but this was later overturned at the Court of Appeal under the Human Rights Act 1998 (HRA 1998). However, the PCC appealed to the House of Lords where they ruled that as the PCC is not a public body it was therefore exempt from HRA 1998. On 5 February 2007 the court delivered the quantum of costs as £189,986 plus VAT plus costs estimated at £250,000 bringing the total to around £500,000.

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