Overcast

Overcast

max temp: 7°C

min temp: 5°C

Search

Bramford: Royal British Legion club fails in bid to reclaim legal costs

06:00 04 March 2014

Members of the Bramford Royal British Legion outside South East Suffolk Magistrates Court at an earlier hearing

Members of the Bramford Royal British Legion outside South East Suffolk Magistrates Court at an earlier hearing

A Royal British Legion club will have to pay thousands of pounds after it lost a case to recover its costs at the High Court.

A district judge found in favour of the Royal British Legion (RBL) club in Bramford in 2012 after it disputed a warning notice from Mid Suffolk District Council over the level of noise coming from its functions.
But each side was ordered to pay for their own legal costs,
despite the club being successful at East Suffolk Magistrates’ Court.

Chairman of the RBL group, Roy Clover, had said the charity’s finances were “decimated” by the court proceedings in 2012 and challenged the ruling at the High Court in an attempt to win back its own costs.

But the High Court dismissed the club’s application and has ordered it to pay Mid Suffolk’s costs of almost £4,200 within 28 days after the council took on the case as an “interested party”. The council’s costs come on top of what are expected to be significant costs for the club.

Jonathan Reed, senior solicitor for Mid Suffolk and Babergh district councils, said he did not feel the club’s High Court challenge had been “reasonable”.

“We feel it’s a victory for the council but are mindful that the RBL is a charity and feel sorry for them and that they have to pay our costs,” he said.

“(I have) mixed emotions. I can see it from their point of view – it’s not a great place for them to be.”

He said it was the council’s job as “custodians of public money” to resist the club’s call to claw back its costs from the original case.

The council’s costs, including proceedings at both courts, was about £16,000, Mr Reed said.

No-one from the RBL club was available to comment, but its legal representative, Richard Tinkler, of Tinkler Solicitors, said: “The matter is concluded and done with. The club have been waiting a year for it and a decision was made.

“They can pay it, it’s not a problem for them. As far as they are concerned a line has been drawn under it.”

The High Court judge indicated she would have reached a different view had she heard the earlier noise case.

1 comment

  • And all because someone moved into a nearby house and then complained about the noise coming from the club…..which has been there for many years and they knew had regular live music. Nobody else has ever complained.

    Report this comment

    Ipsman

    Tuesday, March 4, 2014

Members of Suffolk County Council are expected to call for Network Rail to invest heavily in the region’s railways following the start of the new Greater Anglia franchise.

The train lines from London to Ipswich have now reopened after a man was hit and killed by a train between Colchester and Manningtree earlier today.

An Ipswich Burger King franchisee must pay out nearly £180,000 for health and safety breaches before and after a worker was scalded with hot oil.

Two fire engines have been called to Upper Brook Street this afternoon after reports people could smell petrol in the area.

A motorcyclist is reported to have suffered a leg injury after a collision in Ipswich at 2.35pm today.

Through our iwitness24 site, readers are able to share their photos of Suffolk’s top beauty spots, of landmarks and of some of our amazing wildlife in action.

Our judging panel put Christmas food from the supermarkets to the test.

The death of a “kind, caring” mother signals the end of an era in Suffolk, her eldest son has said.

From children’s books and Lego, to slippers and jigsaws, let’s help give every patient at Ipswich Hospital a present this Christmas.

Photographers have turned their focus on texture this week for our iwitness challenge.

Most read

Most commented

HOT JOBS

Show Job Lists

Topic pages

Streetlife

Newsletter Sign Up

MyDate24 MyPhotos24