View in the distance of bembridge harbour groyne

Bembridge Harbour Authority respond to news of Judicial Review

Malcolm Thorpe of Bembridge Harbour Authority (BHA) has responded to the news that the High Court gives Bembridge Harbour Trust permission to proceed with a Judicial Review of Bembridge Harbour’s Management.

Mr Thorpe told News OnTheWight,

“To date there has been ‘Judicial Review 1’ that was a High Court case on 29th July against the Isle of Wight Council with BHA’s sister company – Bembridge Investments Ltd [BIL] as the interested party.

“BHT claimed 10 issues that they bought against IOWC and all ten items were given decisions in favour of IOWC and BIL.

“Costs were also awarded against BHT in favour of IOWC and BIL – and as yet these costs are still unpaid.”

Mr Thorpe went on to say,

“BHT has now requested that two items are reviewed by the Court of Appeal and as at now, a decision on this request has not been made by the High Court.

“BHT has also replaced their original barristers for this latter hearing – so duplicating their previous expenses in pursuing the same legal arguments.”

Thorpe: Only one in seven items given approval
Mr Thorpe went on to say that there was no legal obligation to provide internal accounts and that annual accounts are summitted to Companies House. He said,

“In the meantime, BHT has issued ‘Judicial Review 2’ against BHA regarding seven items and have been given permission for only one aspect to be considered by the Court.

“BHT continue to submit requests for the management accounts for BHA; whilst we make available annual accounts submitted to Companies House, there is no legal obligation to provide our internal accounts or details.”

Dredging underway
Mr Thorpe explained that dredging of the Harbour is underway and ongoing,

“There are two significant current dredging contracts being handled by BHA: an on-going contract to widen and deepen the entrance channel fairway and a separate dredging contract for both sides of the visitor’s pontoon and fairway. Both are important for navigability for Harbour users.”

He added,

“BHA has employed a professional external sand and silt expert for over 25 years who also advises the Harbour on Bembridge Point groyne.

“The advice received is that no convincing argument has been promoted that a positive result would be forthcoming in refurbishing this groyne.”

Image: simonhaytack under CC BY 2.0