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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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