Judge dismisses High Court case brought against Bradford on Avon Town Council regarding Becky Addy Wood

The Town Council is pleased that the High Court case brought against the Council regarding Becky Addy Wood has been dismissed.

The judge, His Honour Judge Blohm KC, has ruled in favour of the Town Council, confirming that the Memorandum of Understanding (MoU), between the Friends of Becky Addy Wood (FROBAW) and the Town Council is binding, that the council has complied with its duty to consult with FROBAW in the production of the management plan for the woodland and that the claimants, Lisa Otter-Barry and Christopher Humphries do not have any trust claim over the woods, nor does FROBAW.

The judge concluded that “The Council’s attitude to negotiations appears to be clear and open [Para 193 of the judgement],” and that “Mr Hogg’s report to committee is the Management Plan; it did not need to be agreed [Para 169 of the judgement]” that “I [HHJ Blohm KC] consider that it satisfies the agreement requirement [Para 164 of the judgement].”

The Town Council is particularly pleased that the judge recognised that the officers and councillors involved in the case have undertaken their roles in good faith. “I have no doubt that, having heard the evidence, the Council has not negotiated the acquisition of the woods in bad faith, and has sought to apply the Memorandum of Understanding as they understood it [Para 192 of the judgement].”

The Town Council deeply regrets that it was obliged to spend considerable officer and councillor time and £463,025.05 in legal fees and disbursements fighting this case. It was not possible to withdraw from the case as it was brought against us. Despite undertaking two rounds of mediation and offering a number of opportunities to settle and stop this legal case, the claimants pursued the case to trial.

The next step is to seek a costs award from the court and the Town Council will be working rigorously to recover as much taxpayers’ money as possible.

The Town Council plans to continue to undertake its duties under the MoU and hopes that the council and FROBAW can move forward with a positive working relationship.

We stand by the fact that we have engaged with those individuals in good faith throughout this process, attempting to avoid this expensive and time-consuming case.

Councillor Katie Vigar, Mayor during the period of the case said: “It is a great sadness that a wonderful community project undertaken to protect this woodland, ended up in court. The Town Council’s aim has always been to protect the wood and ensure public safety, so that it can be enjoyed as a public amenity and its ecological value safeguarded and promoted.”

Councillor Jack Vittles, Mayor: “We particularly regret that this court case has forced the Town Council away from other important projects not just for the woods, but across the wider town.

“This court case has taken up a considerable amount of councillors and officers’ time over the last two years and has been particularly stressful for those involved. I would like to thank all town councillors and officers, especially Ian Brown, Chief Executive & Town Clerk, Chris Hogg, Green Spaces Officer, Councillor Alex Kay, Chair of our Environment and Green Spaces Committee and Mrs Kate Nottage, local resident, all of whom gave evidence at the trial and, along with Cllr Katie Vigar, Mayor at the time, worked tirelessly on trying to bring this to a resolution.”

The next stage will be a hearing where the Town Council hopes the judge will lift the current injunction, so officers can refocus on the responsible management of the woodland.

At the hearing the council will be seeking a costs award and will look to recover as much taxpayer money as possible. Throughout this long process, we made every effort to avoid such a costly trial.

Full judgement (pdf)