Under-fire council lawyers have rubbished traders’ court battle over the Aberdeen bus gates, saying their legal claims are a “matter of interpretation”.
The local authority’s top solicitor, Alan Thomson, again insisted that the city centre traffic measures were introduced and made permanent according to the law.
This is despite traders’ – and their recently hired lawyer Alasdair Sutherland’s – claims that they have acted illegally on five different grounds when making the decision.
Mr Sutherland lodged the official papers to take Aberdeen City Council to court over the bus gates earlier this month.
And he outlined the arguments he believes will prove that city leaders were in the wrong when they rubber-stamped the “experimental” project.
But the council’s legal team today dismissed all of them and vowed to fight their case on all grounds – essentially declaring that the issue will be sorted before a judge.
They remained tight-lipped on the details of their defence, however, and opted to update elected members on their plan of action in private.
‘Our position on bus gates remains unchanged – we were in the right’
Before cutting off the press and the public from the special meeting, Mr Thomson reiterated that the council “has acted in a proper and correct manner” on all matters.
And he added that having sought further advice from the King’s Counsel, he believes they would be able to defend their position successfully in court.
Mr Sutherland’s main argument is that the bus gates are unlawful as city leaders should have sought permission from Scottish Government before making them permanent.
But in response to that, unwavering Mr Thomson simply said: “Our position remains unchanged – the council did not require consent from Scottish ministers.”
As for the rest of the claims – which question the “experimental” nature of the project and the lack of consultation with traders – Mr Thomson said they are nothing more than a “matter of interpretation”.
He said: “The King’s Council opinion remains that the council has interpreted the statutory provision correctly and is our intention to defend this ground of appeal.
“The remaining grounds all appear to be a matter of interpretation, and it is our position that the council’s decision-making process was proper and correct.”
Legal team refuses to reveal defence plan on Aberdeen bus gates to public
While Mr Thomson openly agreed to answer any questions councillors may have about the looming court battle, he insisted that any talks are held behind closed doors.
He said: “Although the legal advice has not changed, and all councillors have had access to the advice previously, I’m happy to answer questions that I’ve not been previously asked.
“But I strongly recommend that due to the live nature of the statuary appeal, we do so in private session in order to protect the council from any undue prejudice in court.”
Labour leader M Tauqeer Malik took a dislike to this and called for the discussion to be made public.
Mr Malik’s plea for transparency was defeated, however, with the majority of elected members voting to talk in private.
Traders remain confident in legal case despite private-meeting hurdle
Despite Mr Thomson’s dismissive remarks – and the secretive nature of today’s meeting – Norman Esslemont remains confident in their legal case.
The retail veteran has been leading the efforts to take the council to court and scrap the measures, condemned by many.
Since launching the traders’ crusade, he has raised tens of thousands to fund the legal battle and get businesses a win.
Following the end of what was supposed to be a public meeting, Mr Esslemont shared his dismay at the way the local authority has handled the matter.
He said: “I’m very disappointed, but not surprised at the council ignoring the overwhelming wish of the Aberdeen public to scrap the bus gates.
“It’s too early to comment on the likely court process as our lawyer has only just had sight of the council’s written response to our appeal.
“However, whilst the devil will be in the detail, he has told me that we still have a good case.
“There is still a huge groundswell of public support to reclaim our city centre we all now fear entering.”
Read more:
- Revealed: The 5 key ‘legal loopholes’ lawyers are challenging council over in Aberdeen bus gates fight
- Exclusive: ‘Damning’ emails show council chief ‘worked hand in glove with Aberdeen bus firms to push through bus gates’
- David Knight: Toxic Town? Why skulduggery and stubborn egos on show in Netflix drama remind me of Aberdeen’s bus gates battle
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