Home   News   Article

Subscribe Now

West Norfolk Council seeks compensation from its own lawyer after costly mistake during Simon Nash’s High Court hearing




A councillor’s High Court battle against his own authority has taken a fresh twist after it was revealed the council is seeking compensation from its own lawyers.

Alistair Beales, the leader of West Norfolk Council, said it hopes to get “financial recompense” due to its legal team making a costly mistake during the hearing in December.

Simon Nash, an Independent representing Setchey, took the borough council to the High Court over claims his human right to a fair trial was breached during a standards committee hearing.

West Norfolk councillor Simon Nash
West Norfolk councillor Simon Nash

This came after he was refused a McKenzie friend - an individual who can provide moral support during disciplinary proceedings - at the hearing, which went on to find he had broken codes of conduct over a series of emails he sent to officers.

Cllr Nash appealed for a judicial review of the hearing, which was dismissed by a judge who ordered him to pay £4,250 to cover the council’s legal fees.

However, at a subsequent appeal hearing, a second judge found that the council’s lawyers had “misled” the court by using incorrect evidence to support their claim.

West Norfolk Council leader Alistair Beales
West Norfolk Council leader Alistair Beales

Judge Matthew Butt KC ruled that the council had breached its own constitution by not allowing Mr Nash a McKenzie friend - but decided overall this had not breached his human rights.

However, the mistake meant the judge dismissed the council’s claims for costs, which are believed to have reached £14,000.

At the full borough council meeting last week, Cllr Beales dodged a question over whether the authority agreed that it had not conducted the standards hearing against Cllr Nash correctly.

However, he did blame the council’s lawyers for the outcome.

He said: “There was a mistake that was made, the council did not make the mistake. We are seeking financial recompense from the external representation that was employed.”

He added he has requested officers conduct a report into the saga.



This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies - Learn More