Castle owner wins legal bid to challenge dissolution of Ardgay and District Community Council
A former member of Ardgay and District Community Council has won permission to proceed with a judicial review into the decision to dissolve the group earlier this year.
Carbisdale Castle owner Samantha Kane, also known as Lady Carbisdale, petitioned the Court of Session in Edinburgh, claiming that the community council was disbanded unlawfully during a public meeting in May. Over 100 residents had voted unanimously to dissolve the council, but Ms Kane argues the process was flawed and discriminatory.
The Court has now granted permission for a full judicial review of the events, with a substantive hearing expected early next year and preliminary proceedings likely to begin in November.
In a statement, Ms Kane said: “The Court of Session in Edinburgh granted permission in favour of my application for a judicial review to declare decisions made by the Ardgay and District Community Council unlawful.
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“I am delighted that Lord Arthurson was minded to grant permission despite opposition from the respondents. I warned members about the legality of some of their decisions, but they did not heed myadvice. The court has agreed that there is a case to answer.”
She is also seeking £20,000 in damages for what she describes as reputational and financial harm caused by the council’s collapse and the manner in which it was handled.
Ms Kane contends that the meeting was “pre-determined” and conducted with the sole aim of removing her. “It was discriminatory and undemocratic,” she said. “I was not given the chance to respond to the complaints made against me. I want the decisions that were made quashed.”
She also confirmed that she has submitted a petition to Highland Council calling for a boundary change to create a separate Carbisdale community council, which would represent her estate and surrounding area.
“We have 20 people living on a 4,000-acre estate and are working to attract £30 million in investment to redevelop the castle into a five-star resort, creating 300 jobs,” she said. “We believe the area needs its own council to protect local interests, including the natural environment and opposition to electricity pylons that threaten the landscape.”
Meanwhile, the results of the Ardgay and District Community Council postal ballot are being counted today. Thirteen candidates were nominated to fill eight available seats (see page 7).
Ms Kane was among the candidates listed but later announced that she had withdrawn her candidacy—though this came after the official deadline, meaning her name remains on the ballot paper.
Highland Council has declined to comment on the court action, stating it is not directly involved in the proceedings.
A spokesperson for the Scottish Courts and Tribunals Service confirmed that while no hearings have yet been scheduled, the case is progressing.