From Bridge Park Community Council Steering Group
BRIDGE PARK COMMUNITY COUNCIL
STEERING GROUP
PRESS RELEASE
SAVE BRIDGE PARK CAMPAIGN
Community campaigners welcome a
powerful decision in their favour
Appeal Court agrees to hear Stonebridge Community Trust
case for being allowed to make its Charitable Arguments:
On 30
July, Master Clarke accepted the local authority’s argument that as the
Attorney General, Geoffrey Cox, MP, had not joined the proceedings, then the
Charitable Trust argument had to be struck out from the defence. That result would have dealt a blow to the
community campaigners’ defence.
On 13th
September, leave to appeal the decision was refused by Master Clarke, so the
community campaigners applied for permission to appeal this legal point to a
higher Judge, resulting in this latest successful outcome.
On 6th
November 2019, at the High Court Appeal Centre, the Honourable Mr. Justice
Birss ruled that the community campaigners be granted permission to appeal the
orders of 21st March and 13th September 2019.
At the
Appeals Centre, the Honourable Mr. Justice Birss, explained that “…..the
decision of the Attorney General not to join the proceedings does not prevent
the community and those who represent them from maintaining a Charitable Trust
argument. He concluded by saying, “.the
arguments put forward as grounds of appeal on behalf of the defendants have a
real as opposed to fanciful prospect of success at trial.
‘Community
campaigners welcome TWO powerful decisions
in their
favour’.
1.
Feb
2020 – “Community Activist threatens Community’s Legal Defence”
In the Royal
Courts of Justice
on Thursday Feb 6, 2020 -
Patricia Grace Guthrie
a local activist based in Camden, states that she teamed up with a Daniel
Galimore and Nigel Goodison, as they thought that they could fight the Save
Bridge Park campaign better than BPCC (who have blocked the sale for three
years and fought and won the legal case at the first key test hearing February
2019). Grace tried to persuade the High
Court to let her join on behalf of her new team and she submitted privileged
BPCC evidence and made erroneous statements in support.
Her legal arguments,
were in effect against BPCC, so would have helped Brent to sell Bridge Park by
attempting to remove our claim that
*1.* HPCC were promised the Freehold (Estopple
by convention), and;
*2.* of there being a Charitable Trust by the
actions and method of the purchase (in 1982) demonstrated by the protective GLC
covenant which Brent removed.
Fortunately, The High
Court agreed with our legal position (this without making any judgement on the
merits of the main case in relation to Brent and ourselves, to be heard later
this hear circa July 2020). The Judge threw Grace's arguments and case out
(stating amongst other things.... that it had no basis in Law)! Brent won their
costs against her. Whilst she was hostile towards BPCC/ HPCC we still persuaded
our lawyers to show goodwill and not to apply for their entitled similar costs.
So ONLY Brent Lawyers were awarded their costs £14,000 (within 28 days) against
Patricia Grace Guthrie.
We have the full
backing of the Cllrs, Lawyers, Press, Public and most importantly, our
Community - proof backed up by their signed and written questionnaires also a
petition.
Jay
Mastin, Chair, Bridge Park Community Council Steering Group (BPCC) said
“This
is a very powerful decision in favour of the community. BPCC recognises the commitment from the
community to support the Save Bridge Park campaign. We also recognize our accountability to the
community. To that end, BPCC have
produced the Chair’s Report covering the start of the campaign in June 2017 to
date. (see our website: www.bridgeparkcomplex.com).
The Current Position
We are pleased to report we have gone on to win our
appeal hearing (attached) and will now go on to full Trial, with a window
between July - Nov 2020.
The
Save Bridge Park campaign lost a decision in relation to the Attorney General
and being able to continue our Charitable Trust arguments in our defence. We
put in an application to the High Court to appeal that decision and the costs
awarded A copy
of the 29th April 2020 Judgement, Order and Attorney General's letter can be
viewed on our website www.bridgeparkcomplex.com.
I trust you will agree our case is unique and maybe
legally exceptional, please consider supporting in our favour www.bridgeparkcomplex.com/donations . Our appeal hearing was granted on 9th
November 2019. This was the opening to a potentially landmark moment.
“This successful Appeal which was heard during
the Covid-19outbreak in March 2020, is another big step in our steady fight to
victory for the Community. No one believed in our arguments but we know the
story, gathered our own evidence and slowly persuaded those in the know. Bridge
Park Land & Complex is unique and is the largest project of its type in
Europe. I feel our fight for justice may go on to create a legal precedent.
Please see our story visit us on - www.bridgeparkcomplex.com”.
Jay
Mastin, Chair, BPCC Steering Group and Director, Stonebridge Community Trust