Partner Article

Lodders steers action group to Appeal victory

A group campaigning to overturn a local council decision to change the direction of traffic on a busy high street have won their case in the Court of Appeal with advice from legal experts at Midlands firm Lodders Solicitors.

The ‘Sustainable Totnes Action Group’ (STAG) led local opposition to a controversial decision to reverse traffic flow through Totnes town centre in Devon, citing that Devon County Council had not followed correct procedure in reaching its decision to make the traffic order, which had had an adverse effect on trade for local businesses.

Last year the High Court ruled Devon County Council had unlawfully changed the direction of traffic in Totnes, but the council appealed, saying it made the area safer.

Last week (19th April 2016) the Court of Appeal upheld the decision and ruled that by the 3rd May, the local authority must return the traffic flow so that vehicles will be able to travel up the high street. The authority is also facing a six-figure legal bill.

The case has attracted high profile support from local celebrities including television personalities Jonathan Dimbleby and Peter Richardson, who were among campaigners celebrating winning the nearly three-year legal battle.

STAG appointed Lodders in late 2014. Working on the case were legal specialists from across the firm, led by Michael Orlik, one of the UK’s leading authorities on the law of Highways and Rights of Way, supported by trainee Michael Brook, who ran the case and worked with STAG on a day-to-day basis.

They were assisted by Lodders’ planning expert and associate Victoria Longmore, partner and head of the firm’s dispute resolution team Jane Senior, and Michael Wakeling, a partner and dispute resolution specialist. The firm’s Krishna Gokani and not-for-profit and charity expert Mark Lewis advised the campaigners on setting up the Sustainable Totnes Action Group Ltd, which included drawing up cost sharing deeds to allow for funding of the case.

Commenting on the Court of Appeal decision, Michael Orlik explained: “The Court of Appeal had to decide two issues. First, the County Council argued that , irrespective of the merits of STAG’s case , STAG was not a properly constituted association and had no right to make the application to the Court to quash the traffic order. The High Court Judge overcame this problem by appointing Jane Williams to be the representative Claimant on behalf of STAG. The Court of Appeal held that this was exactly the right action for him to have taken and was entirely within his powers.

“The second and real issue was whether the County Council should have held a local Inquiry with an independent Inspector before making the traffic order. The Statutory Regulations for making traffic orders lay down that, if a traffic order would restrict the passage of public service vehicles and there is an objection to the order, then the Council must arrange an Inquiry before making the Order. The Council argued that, as ‘Bob the Bus’ could still drive along Lower Fore Street, though downhill rather than uphill, its passage was not restricted. The High Court judge said that the change in the circulatory system, was a restriction on its passage. The Court of Appeal agreed with the Judge, dismissed the Council’s appeal and awarded costs to STAG.”

This is the third occasion on which the Lodders team, led by Michael Orlik and acting on behalf of local residents or traders, has succeeded in having a traffic order quashed by the High Court because of failures to have due regard to objections and to comply with the statutory regulations.

“Unfortunately, Councils do sometimes ignore the views of local people and their legitimate objections to new and impracticable traffic arrangements,” comments Mr Orlik.

“This is a substantial win for STAG, and one which demonstrates Lodders’ broad range of specialist expertise and legal skill. The team is delighted with the outcome.”

STAG campaigner and spokesperson Jane Williams added: “Michael Orlik’s knowledge on Highway law is first class and he gave real hope to a community in crisis on the strength of our case and encouraged us to see it through.

“We were very fortunate that Lodders provided our group with advice from the whole spectrum of the firm’s services, ensuring that a total in house support system was available to us and the evolving needs of our case, and the firm’s diligent and friendly manner, along with the team’s signature style of excellence, is the experience we will take away from this.”

Lodders Solicitors is an established and thriving law firm based in Stratford upon Avon, Cheltenham and Henley in Arden. The firm is recognised as a leading private client law firm, offering specialist advice to both private individuals and privately owned businesses, including its highly regarded work in the agricultural and real estate sectors. For more information: www.lodders.co.uk.

Photo shows: Representatives of STAG, including Jane Williams (fourth from the left), with Lodders’ Michael Brook (far right).

This was posted in Bdaily's Members' News section by Lodders Solicitors LLP .