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14 June 2007 / Matt Le Breton
Issue: 7277 / Categories: Features , Damages , Property
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Soul searches

Chancel repair searches are no longer an optional extra. Matt Le Breton explains why

Chancel repair liability affects millions of acres of land across England and Wales. As it is the historic, not modern, parish and tithe district boundaries that delineate risk areas, it is not possible, in most cases, to guess either which church or indeed parish is relevant. Hence the risk is sufficiently widespread, and difficult to identify manually.

The gravity and quantum of damages awarded to the church by the House of Lords in Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank [2003] UKHL 37, [2003] 3 All ER 1213—£189,969 plus VAT plus costs—has added fuel to the debate. Fortunately, however, the majority of claims to date have been for hundreds or a few thousand pounds rather than for hundreds of thousands of pounds.

Some commentators maintain that chancel repair searches are unnecessary, as the church will not pursue individuals who are subject to this liability. This is despite Law Society guidance to the contrary, as in

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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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