Andrews v Barnes: CA 12 Jun 1888

The parish vicar and his churchwardens brought an action to recover a small sum paid to the members of a local committee for charitable purposes, saying the gift had been made subject to a condition which it proved impossible to fulfil.
Held: The plaintiffs failed. The action was unjustified because of the need not to spend funds in this way, and they were ordered to pay the defendants’ costs. The court related the practice as to costs in Chancery.


Fry LJ


(1888) 39 Ch D 133, [1888] UKLawRpCh 112




England and Wales


CitedJones v Coxeter 1742
Lord Hardwicke said: ‘The giving of costs in equity is entirely discretionary and is not at all conformable to the rule at law.’ . .
CitedCorporation of Burford v Lenthall 1743
The court considered how the Courts of Equity had dealt with orders for costs: ‘Courts of Equity have in all cases done it not from any authority but from conscience and arbitrio boni viri, as to the satisfaction on one side or other on account of . .

Cited by:

CitedCorner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
CitedTravelers Insurance Company Ltd v XYZ SC 30-Oct-2019
Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the . .
Lists of cited by and citing cases may be incomplete.

Costs, Charity

Updated: 04 May 2022; Ref: scu.223265