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Board is awarded costs

by
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.

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