John Boy
Paul McShane
Further to Lewes's press release, members have been asking questions to which I do not know all the answers!
As far as I am aware, there will be a preliminary hearing before a High Court judge to determine if there is a case to answer. That process in itself does not cost much or involve much risk; it also does not involve much time, maybe a few weeks.
Should Lewes pass that hurdle, ie they can show the judge that there is a serious flaw in John Prescott's decision, then there would be a full hearing which would be in several months' time at least, I imagine. But Lewes would also have to be prepared to commit serious money because if they lost then they would have to meet the Goverment's costs. The cost will be their Achilles' heel, I feel (that is if they have legitimate grounds to pursue a judicial review).
So don't panic yet. This may not come to anything much. But we don't know the specific grounds on which LDC are making their challenge - the press release doesn't tell us the detail.
For information, here is a hurried statement I sent to the Argus tonight to meet their deadline.
Tim
Responding to the news that Lewes District Council are to apply to the High
Court for a judicial review of John Prescott's decision, Tim Carder,
chairman of the Albion Supporters' Club, said:
"John Prescott made his decision after 62 days of evidence at a public
inquiry taking all factors into account, so I'm very disappointed that Lewes
District Council, in their private meeting today, chose to try to annul that
planning permission.
"The stadium's opponents have been threatening the Government with court
action for several years now, but they have several hurdles to overcome yet.
It's a comparatively cheap and easy procedure to apply for a preliminary
hearing in the High Court, but they have to convince a judge that they have
legitimate grounds to take the process further to a full hearing.
"Should they succeed then the potential cost of challenging the Government
will start to rocket. Having already spent more than £207,000 on the public
inquiry, I do hope that the district council will debate the commitment of
further considerable public resources openly and in front of their electors,
because I know there is a large majority of people within their area who
would resent such expenditure.
"And, in the unlikely event that they managed to show that the Government's
decision process was flawed, the judge could only require the Deputy Prime
Minister to reconsider his decision; he would not be required to reverse it,
so the stadium is still going to be built.
"I can only conclude, therefore, that Lewes District Council is seeking to
delay the building of the stadium in the hope that the Albion go under for
financial reasons. Despite the lip-service paid in their statement to the
need for a new home for the club, it's obvious to me that they are
anti-Albion and would be happy to see the club go out of business. David
Bellotti, Norman Baker and Lewes District Council: what is it with
Liberal-Democrats?
"Fortunately the club - the board, the staff and the supporters - are strong
and are as one on this. There might be more delay and uncertainty, but we
will come through this, just as we have with every other obstacle put in our
path over the last decade.
"I hope everyone living in Lewes District will make their views known to
their council. I have absolutely no doubt that we will win this final battle
because we are united and we have right on our side."
ENDS
As far as I am aware, there will be a preliminary hearing before a High Court judge to determine if there is a case to answer. That process in itself does not cost much or involve much risk; it also does not involve much time, maybe a few weeks.
Should Lewes pass that hurdle, ie they can show the judge that there is a serious flaw in John Prescott's decision, then there would be a full hearing which would be in several months' time at least, I imagine. But Lewes would also have to be prepared to commit serious money because if they lost then they would have to meet the Goverment's costs. The cost will be their Achilles' heel, I feel (that is if they have legitimate grounds to pursue a judicial review).
So don't panic yet. This may not come to anything much. But we don't know the specific grounds on which LDC are making their challenge - the press release doesn't tell us the detail.
For information, here is a hurried statement I sent to the Argus tonight to meet their deadline.
Tim
Responding to the news that Lewes District Council are to apply to the High
Court for a judicial review of John Prescott's decision, Tim Carder,
chairman of the Albion Supporters' Club, said:
"John Prescott made his decision after 62 days of evidence at a public
inquiry taking all factors into account, so I'm very disappointed that Lewes
District Council, in their private meeting today, chose to try to annul that
planning permission.
"The stadium's opponents have been threatening the Government with court
action for several years now, but they have several hurdles to overcome yet.
It's a comparatively cheap and easy procedure to apply for a preliminary
hearing in the High Court, but they have to convince a judge that they have
legitimate grounds to take the process further to a full hearing.
"Should they succeed then the potential cost of challenging the Government
will start to rocket. Having already spent more than £207,000 on the public
inquiry, I do hope that the district council will debate the commitment of
further considerable public resources openly and in front of their electors,
because I know there is a large majority of people within their area who
would resent such expenditure.
"And, in the unlikely event that they managed to show that the Government's
decision process was flawed, the judge could only require the Deputy Prime
Minister to reconsider his decision; he would not be required to reverse it,
so the stadium is still going to be built.
"I can only conclude, therefore, that Lewes District Council is seeking to
delay the building of the stadium in the hope that the Albion go under for
financial reasons. Despite the lip-service paid in their statement to the
need for a new home for the club, it's obvious to me that they are
anti-Albion and would be happy to see the club go out of business. David
Bellotti, Norman Baker and Lewes District Council: what is it with
Liberal-Democrats?
"Fortunately the club - the board, the staff and the supporters - are strong
and are as one on this. There might be more delay and uncertainty, but we
will come through this, just as we have with every other obstacle put in our
path over the last decade.
"I hope everyone living in Lewes District will make their views known to
their council. I have absolutely no doubt that we will win this final battle
because we are united and we have right on our side."
ENDS
