판결 이유
A parochial church council is not a 'public authority' within the meaning of section 6 of the Human Rights Act 1998 when enforcing chancel repair liability, because it is not exercising functions of a public nature in doing so.
사실관계
The Wallbanks owned land that was subject to chancel repair liability — an ancient obligation to contribute to the repair of the parish church. The PCC sued to enforce the liability. The Wallbanks argued the PCC was acting as a public authority and the liability violated their Convention rights.
판결 요약
The House of Lords held that the PCC was not a public authority for HRA purposes when enforcing chancel repair liability. The enforcement of a property right (chancel repair liability) was not the exercise of a function of a governmental nature. The PCC was acting as a private landowner enforcing a private law right.
주요 인용문
"The act of enforcing a private property right cannot be characterised as the exercise of a function of a public nature merely because the right-holder is an ecclesiastical body."
— Lord Nicholls
후속 처리
Important authority on the meaning of 'public authority' under the HRA.
Led to amendments requiring chancel repair liability to be registered under the Land Registration Act 2002.