header-logo header-logo

Soul searches

14 June 2007 / Matt Le Breton
Issue: 7277 / Categories: Features , Damages , Property
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll