000 02306cam a2200301 4500
001 ABS64829
008 011204n2001 000 0 eng u
035 _a(Sirsi) u115844
245 _aAston Cantlow and Wilmcote with Billesley PCC v Wallbank and another
260 _c2001
490 _aWeekly Law Reports
_v[2001] 3 WLR 1323-1338(15)
520 _aCA 17 May 2001. Appeal by the defendant (W) from the decision in favour of the claimants (A) on a preliminary issue regarding whether the alleged obligation of the defendants to carry out repairs to the chancel of a parish church contravened their rights under the European Convention of Human Rights. The defendants (W) were the freehold owners of former rectorial property under an inclosure award of 1743. In September 1994 the parochial church council served a notice under the Chancel Repairs Act 1932 s2(1) calling upon the defendants to repair the chancel. On appeal W contended that the PCC was a public authority within the Human Rights Act 1998 s6 and so it could not act incompatibly with the defendants' rights under the Convention; and the PPC's actions in trying to enforce the defendants' alleged liability were unlawful by reason of Protocol Art1 and/or Art.14 of the Convention. Appeal allowed. Copy of full judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/922B101EA4112A5680256A53004E8F7C?OpenDocument.
590 _aABS
650 _aASTON CANTLOW AND WILMCOTE WITH BILLESLEY PCC V WALLBANK AND ANOTHER
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14
650 _aHUMAN RIGHTS
650 _aHUMAN RIGHTS ACT 1998
650 _aPUBLIC AUTHORITIES
650 _aREPAIRING LIABILITY
650 _aTAX
650 _aCHANCEL REPAIR LIABILITY
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
650 _aPAROCHIAL CHURCH COUNCIL OF THE PARISH OF ASTON CANTLOW AND WILMCOTE WITH BILLESLEY WARWICKSHIRE V WALLBANK
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://porch.ccta.gov.uk/courtser/judgements.nsf/Search/922B101EA4112A5680256A53004E8F7C?OpenDocument
942 _n0
999 _c69010
_d69010