判决理由
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.
事实
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.
判决摘要
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.
关键引述
"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
后续处理
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.