Ludlow councillors 'not told' about legal action that could be taken in dispute over wall

The Parochial Church Council (PCC) and LTC have been at loggerheads over who is liable for the upkeep of the wall that collapsed next to St Laurence’s Church in 2013.

Letters from the parties’ respective solicitors were published as part of the agenda pack for a full council meeting held on Monday (July 28).

Acting on behalf of the PCC, Veale Wasbrough Vizards (VWV)said it has been instructed to take the necessary steps “to achieve a resolution of this longstanding matter”.

A spokesperson said: “We are reviewing its background and history to date but, based on the records and documentation we have seen so far, we have advised our client that they are not responsible for repairs or other works of maintenance to the collapsed wall nor are they liable to make any financial contribution to the costs thereof.”

The spokesperson added that its client “has no option other than to take enforcement action in order to determine the matter”, with any legal action likely to be costly.

In response, Geldards, which is representing LTC, said that VWV’s letter “lacks the necessary legal particulars to support the assertion of liability”.

“Your letter does not cite any statutory provision, case law, or contractual agreement that would establish Ludlow Town Council’s responsibility for the part of the wall in question,” said a spokesperson.

“Our client remains open to constructive dialogue to resolve matters. However, as your client is now considering legal action, it is required to provide a formal Letter of Claim setting out the basis of its claim, the facts relied upon, and what relief it is seeking.

“When it does so, we will respond appropriately. In the meantime, our client’s position is reserved in relation to costs.”

Councillors were asked to “note” the correspondence at Monday’s meeting. However, standing orders were suspended so that it could be discussed.

Every member said they were only made aware of the letters when they say them in the agenda.

“I was surprised we responded to this without consultation,” said Councillor Robert Owen, who was an active spokesperson of the PCC about the issue prior to becoming a councillor in May.

“When something will have significant impact on the council, it will normally constitute going into the accounts when they are finalised.

“The authority needs to consider any events that have occurred during the financial year, or after the year ends, that have consequences or potential consequences on the authority’s finances.

“Just putting this on the agenda for an item to note is, in my view not adequate. I would like to request a meeting with the external auditor to discuss this event before they are signed off in September.”

Councillr James Hepworth added: “This letter is incredibly serious. There must be a line drawn here.

“This is a ‘before action’ letter and is a very significant event. And it is also offering an olive branch at the same time.

“Why wasn’t this, at the very minimum, brought to the mayor’s attention?”

Town council clerk, Gina Wilding said no decision has been made without councillors’ knowledge.

“The council employs a solicitor , who is in a position of full knowledge of the information,” she said.

“The solicitor has asked for more clarity asking what they mean.

“[The PCC’s letter] is not even written by a solicitor – it’s written by a junior member of the team, and our solicior has gone back to them asking for more information because there’s no substance in the letter.

“So it’s come to you. If there is a further response, then that is something the council definitely needs to look at. But there are no actions that are being taken.”

Councillor Stacey Harris, meanwhile, asked the Mayor, Councillor Diane Lyle, if she was a member of the Ludlow Town Walls Trust after she previously served as secretary.

“My fear is you’re sitting on both sides of the argument – how do we know that the Town Walls Trust isn’t instructing the PCC to write letters to us?” Councillor Harris asked.

“We need to have clarity on who has membership on the town walls trust and how they’re going to vote.

In response, Councillor Darren Childs said that allegation has been made by Councillor Harris on a number of occasions, and the Mayor has already said she is no longer secretary of the town walls trust.

When Councillor Harris asked if she was a member, Councillor Childs said he didn’t know.

Councillors agreed to fully review the legal paperwork at its next meeting on September 8, subject to its solcitor being present.