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Aston Cantlow PCC v Wallbank

[2003] UKHL 37

Case summary last updated at 07/01/2020 15:40 by the Oxbridge Notes in-house law team.

Judgement for the case Aston Cantlow PCC v Wallbank

 Parochial church council served a notice on Ds to repair the chancel of the parish church. Ds resisted payment, alleging, inter alia, that the notice infringed its rights under art.1 of the First Protocol. HL concluded that PCC couldn’t be regarded as falling in either the PA or hybrid category. Although CofE had special links with central gov & performed certain public functions, it was a religious not a governmental organisation & PCCs were part of the means by which the Church promoted its religious mission & discharged financial responsibilities in respect of parish churches. The functions of PCCs were primarily concerned with pastoral & admin matters within the parish & were not wholly of a public nature \ were not core public authorities under s.6(1). When P took steps to enforce D’s liability for the repair of the chancel, it was not performing a function of public nature, which would have rendered it a hybrid public authority. 

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