Stonebridge Community Trust considering its position over Supreme Court legal clarification in Bridge Park case

Huge community meeting at the start of the campaign to save Bridge Park for the  the African and Caribbean community

 

 Following the Appeal Court Judgment on the Bridge Park case LINK and Muhammed Butt's reaction LINK, Stonebridge Community Trust (SCT) has made the following statement:

 

The three judges complemented Peter Crampin QC on the forcefulness of SCT's legal argument on behalf of the African and Caribbean community, but unfortunately they have judged in favour of Brent Council.

Jay Mastin (SCT) said:

 
We have studied the Judgment and whilst we have lost this Appeal hearing, SCT feels the argument remains in Law that by the actions of how the Land was purchased in that it took several different entities to contribute and raise the purchase funds to buy the disused Bus Garage. Those monies were given for the stated purpose of the social and beneficial needs of the African and Caribbean Community. A Charitable Trust existed by act of Law regardless of whether Brent intended this or not.

The three Justices appears to avoided making a clear ruling in relation to whether;

 
i) A Charitable Trust existed in Law

 
ii) Given the legal facts that the same Bridge Park complex is still in existence today; the needs of the community remain. It was argued that in Law a Charitable Trust must still exist and continue today even after the GLC's interest and the covenant was removed by Brent. No legal decision on whether a Charitable Trust still continues after one of the contributors/ settler is removed.

iii) The Judgement appears to say even though there was a covenant and separate agreement on the stated purpose for the Land for the African and Caribbean community, once the land was purchased as intended Brent could then immediately do whatever they wanted with the Land eg. Use it as a Council Staff Admin building. They had no further obligation to carry their stated commitments to the Community for the land.

The above leads SCT to believe that the Appeal Courts judges appear to have remained politically safe and avoided making the tough Legal Judgement that would give clarity in Law on these matters.

The judges appear to have left this to the Supreme Court to make the final decision on these points of Law.

SCT are considering its position in relation to the Supreme Court clarifying the legal position, on behalf of the African and Caribbean Community of Brent.

 

FULL JUDGMENT

For further background to the case search for 'Bridge Park' in the search box on right of this post which willbring up many articles and also see the video.

Bridge Park v Brent Council ends. Draft Order available in due course.

 I was unable to attend today because I had to impersonate a mythical person in connection with an imminent festival.

Thanks to an attendee who was able to provide this summary.

The hearing commenced at 10:30 with Katherine Holland, QC, for Brent Council summarising her final legal arguments begun yesterday.  Lord Justice Lewinson questioned her on the issues of the the deeds for the land being dated some 6 weeks after the transfer documents dated May 5^th 1982,  when the sale was executed.  Neither Katherine Holland,  or her assistant Matthew Smith were able to provide answers to points raised.

There were further discussions on whether the real estate was at Brent’s free disposal, on legalities related to the deeds and to the matter of charitable trust.

Peter Crampin, QC, for Stonebridge Community Trist ended the legal arguments with,

“The question still remains ….a fiduciary obligation…owed to the public in Brent being the beneficiaries of a charitable trust…..something for the community in Brent to achieve…very ambitious political objectives, which the GLC had in mind”.

 

Lord Justice Lewinson ended the hearing at 11:43.

 

“Thank you for your interesting submissions…a lot of public interest seen by the attendance of a number of participants following remotely”.

The draft Order will be available in due course.

Jay Mastin of Stonebridge Community Trust appeals for community support as Bridge Park hearing enters second day

 

 At yesterday's Appeal Court hearing the case of Appellant 1, Leonard Johnson, against the findings of the High Court in the case of Bridge Park versus Brent Council was dismissed as having no legal basis.

The case of the second Appellant, Stonebridge Community Trust, began in the afternoon and continues this morning. It is based on the case made at the original hearing.

In the video above Jay Mastin, of Stonebridge Community Trust, laments the failure of attempts to get the two appellants to work together but urges the community to get behind the Trusts's case.

The hearing continutes at 10.30am this morning.  To attend the hearing virtually apply to katie.patel@justice.gov.uk

Bridge Park campaign going back to High Court with Appeal on behalf of the African and Caribbean Community over land sale to developer

 

Statement from BPCC Steering Group

who lead the The Save Bridgepark Campaign.

BPCC Steering Group was established in 2017, and was given a mandate by HPCC and a Community vote to lead the Save Bridge Park Campaign.

 BPCC setup Stonebridge Community Trust (HPCC) Ltd (SCT), a company capable of fighting the legal case on behalf of the Community stating that the African and Caribbean hold a direct and equitable interest in the Bridge Park land and Assets.  As a result we are currently restricting the sale of Bridge Park land and assets by Brent Council to a private developer.

Appellant 1 Leonard Johnson (As himself) and Apellant2, Stonebridge Community Trust (HPCC) Ltd (A Company Limited by Guarantee with Charitable objects) have arguments that differ:

I) Appellant 1 (LJ) wishes to put forward new arguments not placed before

and 

Ii) Appellant 2 (SCT) wish to maintain the Arguments based on the original arguments that were made when the courts granted the Appeal.

Both Appellants wish to maintain arguments that the events around the purchase in 1982 established a Charitable Trust and as such should be protected from Brent Council's attempted disposal of Bridge Park Land to the private buyer behind the sale, a group called General Meditterranean Holdings.  Appellant 1 is currently refusing the offers from Appellant 2 to work together.

All sides in the Appeal have a QC representing them at the hearing on 14th December 2021 at the High Court.

Jay Mastin of Stonebridge Community Trust (Appellant2) said:

We have led this campaign on behalf of the community from the start and we feel confident that we have a deserving case which will now be heard by a group of the Top High Court Appeal Judges in the UK. The Bridge Park Complex is the largest and only centre of its type in Europe and the arguments are largely unique in Law. We hope that the outcome will likely set Legal Precedent.

We would like to thank the Community, councillors, MPs, press and legal community for the continued understanding and support.

 

EDITOR'S NOTE:

 

If you use the Seach Facility on the right and type in Bridge Park you can find a number of Wembley Matters article on this issue. This LINK takes you to the verdict in previous appeal.

Save Bridge Park Community campaigners welcome a 'powerful decision' in their favour

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 13^th 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 6^th 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 21^st March and 13^th 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.

www.bridgeparkcomplex.com/our-vision

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