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Town council should take legal advice says former district councillor
(May 25, 2010)FORMER District councillor Paul Macdonald was unable to attend Tuesday's extraordinary meeting but would have offered this advice....
"I believe that this council should take resolve to take expert legal advice before proceeding any further with this.
"I believe that this council should take resolve to take expert legal advice before proceeding any further with this.
It is quite clear that Wiltshire Council has a 'duty of care' towards Warminster Town Council in the way it handles this issue.
The definition of a duty of care in this case is a responsibility
or legal obligation on an organisation to avoid acts or omissions which
can be reasonably foreseen and then be likely to harm others.
This has been established in law to include every party in a contract to the other contracting parties.
In this case I question the actions of those in Trowbridge which I
believe falls far below the standards that should be expected of them.
They did not open meaningful negotiations until after our parish
council had held its meetings before setting the precept for the year.
The scale of the sum demanded is something that cannot reasonably have be foreseen.
And I am sure the casting of a legal eye over the behaviour of our
all-singing all-dancing council with its large legal team will be a
real eye-opener.
Another issue that we the people and the businesses of Warminster
need legal advice on is the implementation of this before the car
parking review is concluded.
On a separate issue we are supporting efforts to get an
additional mini-recycling site established on a properly identified
area that has support of the local residents association.
We have been told that no decisions can be made until the review of those services has been completed.
I leave you to draw your own conclusions. In one they have to spend money. In the other they will receive money.
I would propose that Wiltshire Council be informed 'without
prejudice' that a decision about the way forward will be taken after
legal advice has been sought.