Ratio Decidendi
A parochial church council (PCC) is not a 'public authority' within the meaning of the Human Rights Act 1998, section 6. Chancel repair liability (an ancient obligation on certain landowners to repair the chancel of the parish church) is enforceable as a property right and does not engage Convention rights.
Hechos
The Wallbanks owned land in Aston Cantlow, Warwickshire, which was subject to chancel repair liability — an obligation dating back centuries requiring the lay rector to repair the chancel of the parish church. The PCC served notice requiring the Wallbanks to repair the chancel at a cost of £95,000. The Wallbanks argued this violated their rights under the ECHR.
Resumen de la sentencia
The House of Lords held that the PCC was not a public authority for HRA purposes, so the Act did not apply. Chancel repair liability was a property obligation, not an exercise of public power. The Wallbanks were liable for the repairs.
Citas clave
"The essential question is whether the PCC possesses sufficient characteristics of a public nature to bring it within the definition of a hybrid public authority."
— Lord Nicholls
Tratamiento posterior
Leading case on the definition of 'public authority' under the HRA and on chancel repair liability.