House of Lords written question – answered on 16th December 2014.
To ask Her Majesty’s Government how many court cases have been brought by parochial church councils to recover chancel repair liability since the Aston Cantlow judgment by the House of Lords in 2003.
The decision of the House of Lords in the case of Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v. Wallbank and another [2003] UKHL 37 confirmed that chancel repair liability was a valid and enforceable property right. Before
Information as to the number of cases parochial church councils have brought since June 2003 to recover chancel repair liability is not available and could only be obtained from court records at disproportionate expense. The Government is however aware that not all parochial church councils decided to register their entitlement to the benefit of the liability.
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