header-logo header-logo

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

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

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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll