Judicial review could leave former Ardgay community council with six-figure legal bill
A former Sutherland community council is potentially facing a substantial legal bill with no insurance provision available to cover the expense.
A legal action brought against the former Ardgay and District community Council could cost between £70,000 and £100,000 to defend, it has been stated.
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Samantha Kane, owner of Carbisdale Castle, is taking the former community council, which dissolved at a public meeting in May, to a Judicial Review.
Ms Kane, who was a member of the former council, alleges that the dissolution was unlawful and was intended to remove her from her position.
Last month, the Court of Session in Edinburgh approved her application. She is 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.
Ardgay and District Community Council has since been re-formed following an election on October 10 and its inaugural meeting was held at Ardgay Hall on Monday, November 3.
Seven of the eight newly elected members also served on the former community council.
Monday’s meeting was initially chaired by Highland Council community development manager Fiona Richardson. Also present was senior community development manager Phil Tomalin.
The meeting was intended to elect office bearers and get the new council up and running, rather than conduct routine business.
However, a member of the public asked at the outset for an update on the Judicial Review and clarification about support from Highland Council.
Members Les Waugh and Kerry Hawthorne reported that they had met legal advisers, including a KC (King’s Counsel) that afternoon.
A preliminary hearing is scheduled for November 20, with all documentation due by November 15.
It was also confirmed that the community council’s public liability insurance does not cover costs associated with defending the case.
One member commented that the policy, used by all community councils under the Highland Council scheme, does not extend to this type of legal action.
A member of the public described the lack of coverage as a “massive defect” in protection for community councils.
Concerns were also raised regarding communication and support from Highland Council.
Les Waugh said: “It is my experience so far that, having had a public vote to dissolve the community council under this scheme of establishment, the conversation we have had from Highland Council has been ‘We will not speak to you. We will speak to your legal advisors’. This is part of the problem – the lack of communication.”
A fellow community councillor said the local authority had said the council was an “independent, autonomous body”.
Another local resident said the community had been alarmed at Highland Council’s initial response that the Judicial Review had “nothing to do with them”.
At the meeting, Les Waugh was made chairman, Robert Sawyer vice-chairman, Kerry Hawthorne secretary and Eilidh Forbes treasurer.
The next meeting will take place at Culrain Hall on November 17 when a Highland Council representative is expected to attend to address questions from the community.
The general rule in Scotland is that the person bringing the judicial review (the claimant) has to pay the defendant’s legal costs if they lose. However, the court has discretion to award costs differently based on the circumstances of the case.