Aston Cantlow PCC v Wallbank [2003] UKHL 37

Parochial church council served a notice on Defendants to repair the chancel of the parish church.

Defendants resisted payment, alleging, inter alia, that the notice infringed its rights under Article 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 government & 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 Plaintiff took steps to enforce Defendant’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.