A FURTHER LEGAL CHALLENGE?
The Crystal Palace Campaign has been looking at the possibility of a further legal challenge. We have trawled through archive material and have found a possible ground for challenge.
This scheme depends on the construction of a road and tunnel from Anerley Hill to the multiplex building. We do not believe Bromley Council is legally entitled to grant rights over that road and tunnel to London and Regional Properties. Without such rights, the building cannot work, and will never be built.
We are taking legal advice on the challenge, and are writing to Bromley Council to see if there is any defence.
Bringing this action depends on three things: the quality of the case, the potential cost of the case and the money available to fight it. We would also need litigants to put their name to an action. We will not bring a challenge unless a senior barrister gives us a 66% chance of success. We will research the potential costs closely before starting another action. As for funding, that depends on the community. We have paid off the debts from our last case, and have some funds we can carry over. But we will need a lot more.
At this stage, we are not making a fund-raising appeal. We just want to know what kind of financial support we could raise if we decide to go ahead. This will help us decide whether further action is feasible.
Financial support is of two sorts. First, there is cash. Second, we could take pledges to pay a certain amount in the event of defeat. Pledges served us well before, and could do so again.
We also want to know whether there are people in the community willing to put their names to the legal action, as 26 came forward for our last one, including several members of the Campaign Steering Group.
If we don't bring the challenge, the prospect of the building will
come nearer. If we bring it and lose, we will have delayed the scheme
still further, while competing multiplexes grow up elsewhere, and
further legal action will deter commercial operators from committing
to this building. If we bring and action and win, final victory will
be ours.
The form has been extended somewhat (2/6/00) - if you have filled in the earlier version there is no need to fill in the new form unless you want to give more details).
REMEMBER COMPLETING THIS FORM DOES NOT COMMIT YOU TO ANYTHING
Full details of the challenge - see (L.11) The gist of the argument
Last updated 21/04/00; 3/6/00-extended explanatory text and form.19/12/01