Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire (Appellants) v. Wallbank and another (Respondents)

The Human Rights Act 1998 does not render unlawful the enforcement of ancient chancel-repair liabilities by a parochial church council simply because the council is a church body. A parochial church council is not a "core" public authority for the purposes of Human Rights Act 1998 s.6. Whether it is a "hybrid" public authority depends on the particular act in issue. Enforcement of a lay rector's chancel‑repair liability is ordinarily a private-law act and an incident of ownership, not a deprivation of possessions under Article 1 of Protocol 1. Even if the council were acting as a public authority, primary legislation may permit enforcement (s.6(2)(b)).

The appeal concerned whether a Parochial Church Council (PCC) could be a "public authority" under the Human Rights Act 1998 when enforcing a lay rector's liability for chancel repairs under the Chancel Repairs Act 1932. The defendants owned Glebe Farm and were sued by the PCC for repair costs. Ferris J upheld liability at first instance. The Court of Appeal held the PCC to be a public authority and that enforcement breached Article 1 of Protocol 1, allowing the appeal. The House of Lords heard cross-issues including retrospectivity, public-authority status and Convention incompatibility. The central question was whether the PCC's enforcement amounted to unlawful state action under the 1998 Act.

(1) The appeal is allowed. The decision of the Court of Appeal that the PCC was for present purposes a public authority under Human Rights Act 1998 s.6 is reversed and Ferris J's order is restored (see paras [17]; [63]; [73]).

(2) The phrase "public authority" in s.6 must be understood with reference to the statutory purpose of bringing domestic remedies in line with Convention obligations. The term embraces governmental organisations in a broad sense and bodies performing public functions (s.6(3)(b)), but it must be applied with care (paras [5]–[13]; [34]–[46]; [160]).

(3) A PCC is not, as such, a "core" public authority. Its constitution under church Measures and its ecclesiastical functions do not make it a governmental organisation for Convention purposes (paras [13]–[16]; [56]–[63]; [86]–[89]; [166]–[171]). The Court of Appeal was wrong to treat that status as established merely because a PCC has statutory powers to enforce a private-law liability.

(4) If a body is a hybrid public authority (some functions public), the question whether s.6 applies depends on the nature of the particular act. Section 6(5) excludes from public-authority status those acts which are private in nature (paras [11]–[12]; [63]; [89]).

(5) The enforcement by the PCC of a lay rector's chancel-repair liability is, on the facts, an enforcement of a private-law burden incident on ownership of rectorial property. That enforcement is not, in ordinary cases, a public act engaging s.6(1) (paras [16]–[17]; [63]; [70]–[72]; [131]).

(6) In relation to Convention rights, the chancel-repair liability is an incident of ownership; it does not amount to a deprivation of possessions under Article 1 of Protocol 1 when enforced in this form. Article 14 adds nothing where apt comparators are absent (paras [66]–[76]; [70]–[72]; [134]–[136]).

(7) Even if s.6(1) applied, s.6(2)(b) allows a public authority to act to give effect to primary legislation. Where enforcement is to give effect to an existing primary statute, that provides a statutory exception to unlawfulness under s.6(2) (paras [19]; [93]; [136]).

(8) Practical outcome: the House allows the appeal and restores the judgment and orders made by Ferris J. No broader public‑law conclusions about reform of the chancel‑repairs regime are made; Parliament and the Law Commission remain the proper avenues for policy change (paras [17]; [73]; [74]).

1. House of Lords: Allowed the appeal and restored Ferris J's decision. [2003] UKHL 37.
2. Court of Appeal (Civil Division): Held PCC was a public authority and that enforcement breached Convention rights; decision reversed. [2001] EWCA Civ 713.
3. High Court (QBD / Ferris J): At first instance Ferris J held there was no Convention breach and gave judgment for the PCC; order and inquiries as to quantum were made. (Decision reported at first instance, judgment of Ferris J dated 28 March 2000.)