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Couple to learn church bill fate | Couple to learn church bill fate |
(30 minutes later) | |
A couple may face a six-figure repair bill on a Warwickshire church which falls within land they inherited after the death of an elderly relative. | |
A High Court judge will decide how much Andrew and Gail Wallbank, of Plasnewydd, Carno, should pay. | A High Court judge will decide how much Andrew and Gail Wallbank, of Plasnewydd, Carno, should pay. |
A 2003 ruling upheld a claim against them because the inherited Warwickshire farmland is on rectorial property and they are deemed "lay rectors" | |
Law Lords said it was one of the more arcane areas of property law. | |
But they ruled that the couple were responsible for church overheads. | But they ruled that the couple were responsible for church overheads. |
Mr Justice Lewison, sitting at the High Court in London, will decide how much the couple will have to pay towards repairs to the chancel in Aston Cantlow in Warwickshire. | Mr Justice Lewison, sitting at the High Court in London, will decide how much the couple will have to pay towards repairs to the chancel in Aston Cantlow in Warwickshire. |
Andrew and Gail Wallbank inherited the farm from her mother | |
Lord Nicholls said at the time of the original ruling: "The anachronistic, even capricious nature of this ancient liability was recognised some years ago by the Law Commission. | Lord Nicholls said at the time of the original ruling: "The anachronistic, even capricious nature of this ancient liability was recognised some years ago by the Law Commission. |
"It said this relic of the past is no longer acceptable and the need for reform has not lessened with the passage of time." In May 2002, the Wallbanks thought they had won their battle. | |
The Court of Appeal had overturned a High Court ruling that the couple had to pay the £96,000 bill to repair the church. | The Court of Appeal had overturned a High Court ruling that the couple had to pay the £96,000 bill to repair the church. |
However, that ruling was then overturned by the Law Lords. | However, that ruling was then overturned by the Law Lords. |
The Warwickshire farm was left to the Wallbanks on the death of Mrs Wallbank's father and the couple may also face hundreds of thousands of pounds in legal bills. | The Warwickshire farm was left to the Wallbanks on the death of Mrs Wallbank's father and the couple may also face hundreds of thousands of pounds in legal bills. |