² [2002] Ch 51; [2001] 3 WLR 1323; [2001] 3 All ER 393.Google Scholar

³ (2001) 6 Ecc LJ 173.Google Scholar

⁴ Leigh, I, ‘Freedom of religion: public/private, rights/wrongs’, in Hill, M (ed), Religious Liberty and Human Rights (University of Wales Press, 2002) 128–158, particularly 152.Google Scholar

⁵ Dawson, I and Dunn, A, ‘Seeking the principle: chancels, choices and human rights’ (2002) 22 LS 238.Google Scholar See also Whale, S, ‘Pawnbrokers and parishes: the protection of property under the Human Rights Act’ [2002] EHRLR 67 at 78–79;Google ScholarOliver, D ‘Chancel Repairs and the Human Rights Act’ [2002] PL 651;Google Scholar and Rook, D, ‘Property law and the Human Rights Act 1998: A review of the first year’ [2002] 66 Conv 316.Google Scholar

⁶ The judgment exceeds fifty pages in the law reports.Google Scholar

⁷ Admittedly rather arcane. See Baker, JH, ‘Lay rectors and chancel repairs’ (1984) 100 LQR 181.Google Scholar

⁸ Lord Scott of Foscote dissenting on this discrete issue.Google Scholar

⁹ In the light of these findings the question of the violation of a Convention right became academic. Nonetheless the Law Lords unanimously held there was none, reversing the Court of Appeal on this point as well. The process did not amount to a deprivation of possessions or an arbitrary tax under Article 1 of the First Protocol, nor was it discriminatory under Article 14. It was simply a burden on the ownership of land.Google Scholar

¹⁰ See generally Land Registration for the Twenty-first Century (1998) (Law Com No 254; Cmnd 407).Google Scholar

¹¹ Baroness Scotland of Asthal, Parliamentary Secretary, Lord Chancellor's Department, speaking on 3 July 2001 (HL Deb col 799).Google Scholar

¹² SI 2003 No 2431.Google Scholar

¹³ See HC Deb (2002–03) 411.Google Scholar

¹⁴ Glassroth & Howard v Moore (Chief Justice of the Alabama Supreme Court) 335 F 3d 1282; 2003 US App. judgment filed 1 July 2003.Google Scholar

¹⁵ For a general discussion see Chopko, M, ‘The Challenge of Liberty for Religions in the USA’ in Hill, M (ed) Religious Liberty and Human Rights (supra) at 67–98.Google Scholar

¹⁶ Lemonn v Kurtzman, 403 US 602 (1971).Google Scholar See Chopko, (op cit) at 75.Google Scholar