Archbishops' defence
Sir: We are acting for the Archbishops of Canterbury and York in the action that has been brought against them by Mrs Mar- garet Mary Brown and three other mem- bers of the General Synod. This is the case referred to by Lord Denning in his inter- view with Mr A. N. Wilson. Lord Denning suggests that this case is an example of the 'threat of costs being used by the big man against the little man'. This is an altogether misleading way of presenting the issue.
The cost of defending the action brought by Mrs Brown and her co-plaintiffs will not, or course, be borne by the Archbishops personally. The cost will fall upon the General Synod budget, which is financed by the parishes. This means that the Archbishops' costs for defending the action will fall upon all those who contri- bute to the funds of their local parish church.
These funds should not be burdened with the cost of legal proceedings brought by Mrs Brown and her co-plaintiffs in an attempt to overturn the decision of the General Synod with which they happen to disagree. Consequently, if Mrs Brown and her associates persist with their action, and the court awards costs against them, it is reasonable that they should be asked to pay those costs. This is not a case of 'the big man against the little man'. It is a case of the Archbishops protecting monies given by congregations up and down the land, so that they can be used for the purpose for which they were given, name- ly, the advancement of the work of the Church in this land.
We may add that Mrs Brown and her associates are clearly not deterred by the prospect of having to pay costs. Although their writ was struck out as showing no reasonable cause of action after very care- ful consideration by Mr Justice Hoffman (not after only half an hour as Lord Denning asserts) they have appealed 'So you're not interested in the nylons?' against this decision — apparently upon Lord Denning's advice — thus increasing the already considerable amount of costs incurred. This appeal has yet to be heard.
Winckworth & Pemberton
16 Beaumont Street, Oxford
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