Thursday, January 22, 2015

Kingsteps gate case abandoned by local authority at Court of Session - Highland Council statement

Details of yesterdays events in this post here. We asked the Highland Council for a reaction and a spokesperson said:

"The Council is under a duty to uphold access rights. When access to the car park was obstructed, the Council took appropriate steps, in the public interest, to uphold access rights. These steps were successful and access was reinstated.

Mr Brodie put himself forward as the owner of the access track (he had installed the gate preventing access), therefore the court action was raised against him.

The Sheriff referred the court action to the Court of Session at Mr Brodie’s request, despite the Council resisting this. Counsel’s Opinion obtained by the Council suggests that, while the Council’s prospects of success are good, the duration of proceedings in the Court of Session is likely to be protracted and therefore very expensive.

It is not considered appropriate to incur the expense of having the Court of Session determine the action, there are more cost effective options open to the Council."

That final paragraph seems to indicate that although the court action will cease the story itself is perhaps not over. We have also asked Alexander Brodie for comment.