The
Incorporated Council of Law Reporting for
England and Wales
28 October 2005
BBC Radio Kent
28 October 2005
Local papers:
Western Daily Press Somerset
28 November 2005
The Ross Gazette
24 November 2005
The Gloucestershire
Echo
15 November 2005
Sheerness Times Guardian
3 November 2005
Legal
Counsel:
Christoper
Nugee QC & Caroline Furze representing Fraser & Fraser
(instructed by William Blakeney)
Christopher
McCall QC & Vivian Chapman representing the
CDBF (instructed by Furley Page)
The
Law Lords
The
Law Lords on the Appellate Committee for the
case:
Lord Nicholls of Birkenhead
Lord Hoffmann
Lord Hope of Craighead
Lord Walker of Gestingthorpe
Lord Brown of Eaton-under-Heywood
The
CDBF Financial Position
The Canterbury Diocesan
Board of Finance Financial Position (2004)
Tangible fixed assets £5,665,767 *
Investments £5,010,371
Total funds carried forward to 2005 £11,456,801
**
* Please note that
this figure is the market value on the
date it was vested in the board. Historical
gifts of land could therefore be grossly undervalued.
**
This figure contains “Tangible
fixed assets” which may be grossly undervalued
The debate that some of
the students were not poor:
“Mr Harris’s father, who worked for the local electricity board,
lived in a middle class street and owned his home. A friend of his whose father
was a police inspector, came from a similar home.” The CDBF used the
rateable value of houses to determine if the street was middle-class,
however, Lord Hoffman said “the rateable value of the house was not
a sure guide to the affluence of the occupants because many appear to have
been in multiple occupation or to have included shops”.
Additional quotation from Lord
Walker “That proviso as to reverter must have been a valuable encouragement,
because landowners by reason of it were thus enabled to ensure that the site
should be used in perpetuity for school purposes, or, if it ceased to be used
for school purposes, that they would get it back. The common sense of that
is obvious”
House of Lords Victory
for Simon & Nathan Fraser