Sitting at the head of the table in a legal office just off Union Street, lawyer Alasdair Sutherland has one message for the Aberdeen traders pinning their hopes to an upcoming courtroom conflict over bus gates.
“I will fight this as fiercely as I possibly can, and I will leave no stone unturned in court,” he told them.
Various shopkeepers, trade leaders and business representatives are hanging on every word at the Burness Paull offices on the second floor of Marischal Square 2.
They have suffered huge losses for almost two years as a result of the city centre traffic bans.
Mr Sutherand is flanked by Norman Esslemont, the smartly dressed veteran retailer who hired him to take on this challenge.
This gathering comes as preparations for the legal fight over Aberdeen’s trade-killing “bus priority” measures ramp up – with a face-off expected this year in the Court of Session.
Only last month, Aberdeen City Council’s legal team said they had complete confidence ahead of the battle.
Did this shake Mr Sutherland’s resolve?
Quite the opposite. He tells this table of traders that seeing the council’s line of defence just made him “feel more bold”.
And the legal eagle had some good news for anyone caught out with a bus gate fine since the controversial system was made permanent…
What’s the latest with the bus gates legal challenge?
Edinburgh-based Mr Sutherland had already carved out a reputation to be feared by local authorities when desperate Granite City traders hired him last year.
He had only just torpedoed Highland Council’s plans to pedestrianise Academy Street in Inverness.
It was after months of his name being mentioned in hushed tones, as something of a last resort should all else fail, that clothes shop owner Mr Esslemont signed him up to the cause.
It’s been a turbulent few months since then.
The public dug deep to donate more than £35,000 towards the legal challenge.
But hopes to get local authority decision-makers around the table for peace talks collapsed.
And in January, the council made the bus gates permanent.
Mr Sutherland told the room that he wasn’t shocked by the council “becoming slightly entrenched” as repeated appeals for fresh talks with business leaders fell flat.
This left only one option on the table. He would see them in court.
When is legal hearing set to take place?
Mr Sutherland reckons activity will start “ramping up” in the middle of May, with a procedural hearing pencilled in for June.
The appeal hearing itself might then take place in September or October, and the lawyer reckons it will need two days.
A verdict could then be issued in November.
What are the key legal battlegrounds?
The crux of the debate will be whether the decision to make the bus gates permanent in January was lawful.
As expected, the £8 million question of money granted to Aberdeen City Council for South College Street road improvements will loom large in court.
Leading councillors cited the prospect of potentially having to pay this back should the bus gates be removed as a reason for making them permanent.
Mr Sutherland contends this “was not a relevant consideration”.
He added: “That goes to their administrative decision-making…
“There is nothing from Transport Scotland stating that anyway, there is nothing in the terms of the funding saying they would have to repay it.”
Could council’s top planner have shot himself in the foot with emails to bus firms?
Mr Sutherland is also taking aim at what he sees as the council’s “unreasonable balance of considerations”.
In December, we revealed how chief planner David Dunne had emailed bus firms seeking positive reports on their experiences with the bus gates.
This, he explained in those messages, would “strengthen the argument for keeping them”.
Mr Dunne was later accused of working “hand in glove” with bus companies to “spin a better story” when we revealed his exchanges.
The lawyer picking apart the council’s actions says this proves the bus gate system was “never an experiment”, as top brass were “always going to make it permanent”.
Over the brunch meeting today, Mr Sutherland mused: “From a court of public opinion point of view, that’s quite damning.”
In the Court of Session, he will argue that this was Mr Dunne “trying to influence the outcome”.
Why council’s reply ’emboldened’ lawyer in Aberdeen bus gates court case
It’s understood the council will try to fight a “clever” defence, using complicated legal rationale arguing that Mr Esslemont is “not affected” by the bus gates.
But Mr Sutherland is “confident” he has a robust response to this.
In fact, he says seeing the council’s defence plans have convinced him he has a “good prospect of success”.
The lawyer went so far as to say he felt “emboldened” by their riposte.
How easy will it be to win?
In order to achieve victory, Mr Sutherland tells us, the court needs only to agree that the council failed in ONE of these areas.
He does not need to convince the judge to agree on every point he plans to raise.
And what will happen if campaigners win their battle?
If the judge at Edinburgh’s Court of Session is persuaded by Mr Sutherland’s argument then they could “quash” the council’s decision.
Asked what that would mean by the assembled gathering, the lawyer simply replies: “It’s gone.”
He continues: “It would have to be dismantled, and if the council wanted to put them back in place they would have to start again from the beginning.
“The council could try to take it to the Supreme Court, but that’s extremely unlikely…
“It’s all or nothing.”
What if I have been fined? Will I get my money back?
In January, opposition Aberdeen councillors suggested that if the bus gates were found to be “invalid” in court then EVERY fine ever issued to unwitting drivers should be revoked.
Mr Sutherland has now studied the legalities of this explosive claim.
The bad news is, anyone fined while the bus gates were in their “experimental” phase would not be able to secure a refund. So that counts for most of their existence.
However, it could be a different story for anyone left out of pocket this year.
‘Council knew this was a risk’
If it was found that the council acted improperly by making them permanent in January, then any motorists slapped with a fine since then could be getting a refund.
Mr Sutherland reckons it could be November by the time a decision is issued, meaning almost an entire year’s worth of penalties might have to be returned.
He added: “It has been up to the council to keep the bus gates in place just now, whilst subject to a legal challenge, in the knowledge the court may say it’s unlawful and quash it.
“People who have received fines in this interim period would have a right to repayment.”
What do you think will happen at the courtroom showdown? Let us know in our comments section below
Why does the council think it can win Aberdeen bus gates court case?
Aberdeen City Council solicitors have remained tight-lipped on their action plan.
A recent meeting on the matter was shrouded in secrecy.
But before the press and public were ejected, the local authority’s top solicitor, Alan Thomson, insisted that the opposing claims were all a “matter of interpretation”.
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.
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