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

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.

How did we get here?

The issue

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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