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Thursday Law Report: Liability to Contribute to Repair of Chancel Contrary to Human Rights ; 24 May 2001 Aston Cantlow and Wilmcote with Billesley Parochial Church Council V Wallbank and Another Court of Appeal (Sir Andrew Morritt Vice-Chancellor, Lord Justice Robert Walker and Lord Justice Sedley) 17 May

By: Kate O'Hanlon | The Independent (London, England), May 24, 2001 | Article details

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Thursday Law Report: Liability to Contribute to Repair of Chancel Contrary to Human Rights ; 24 May 2001 Aston Cantlow and Wilmcote with Billesley Parochial Church Council V Wallbank and Another Court of Appeal (Sir Andrew Morritt Vice-Chancellor, Lord Justice Robert Walker and Lord Justice Sedley) 17 May


Kate O'Hanlon, The Independent (London, England)


THE MODERN liability of lay owners of what was once the glebe lands of a rectory to contribute to the cost of repairs to the chancel of the parish church was a form of taxation which did not meet the basic standard for the protection of citizens' possessions from the demands of the state in article 1 of the First Protocol to the European Convention on Human Rights, because it operated arbitrarily. Moreover, the way in which the common law singled out the owners of such land from other landowners was unjustifiably discriminatory, and so contrary to article 14 of the Convention.

The Court of Appeal allowed the appeal of Gail and Andrew Wallbank from the decision that they …

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