header-logo header-logo

Beyond repair?

19 November 2009 / Sam Cherry
Issue: 7394 / Categories: Features , Property
printer mail-detail

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll