*** DEBUG END ***

Board is awarded costs

27 September 2007

by Shiranikha Herbert, Legal Correspondent

THE Canterbury diocesan board of finance was awarded its costs in the High Court in an action concerning the proceeds of sale of a site at Melville Road, Maidstone, Kent, where, from c.1866, St Philip’s Church of England School had operated (News, 13 July), writes .

  In 1995 the school closed, and the CDBF sold the site to Integrated Services Programme (ISP) for £121,000. In 2005, ISP sold the site for £400,000.

Two brothers, Simon Richard Fraser and Nathan George Fraser, who are genealogists, tracked down the descendants of the original donors in 1866 of the school site and bought up their interests. The two brothers then commenced an action claiming that under the School Sites Act 1841 they were entitled to the proceeds of sale of the site. Their claim succeeded against ISP. The board reached a settlement with ISP on ISP’s claim for an indemnity and took no further part in the proceedings.

The judge, Mr Justice Blackburne, ordered that in addition to paying the costs of the Fraser brothers, ISP should pay the board’s recoverable costs. He said that it was “just that ISP should have to pay those costs” because ISP had maintained that if the Frasers had any claim at all, it lay against the board and not ISP.

Browse Church and Charity jobs on the Church Times jobsite

Forthcoming Events

Green Church Awards

Closing date: 30 June 2024

Read more details about the awards


Festival of Preaching

15-17 September 2024

The festival moves to Cambridge along with a sparkling selection of expert speakers

tickets available



Festival of Faith and Literature

28 February - 2 March 2025

The festival programme is soon to be announced sign up to our newsletter to stay informed about all festival news.

Festival website


ViSIt our Events page for upcoming and past events 

Welcome to the Church Times


To explore the Church Times website fully, please sign in or subscribe.

Non-subscribers can read four articles for free each month. (You will need to register.)