Jeremy Gully, Chair of Bembridge Harbour Trust, shares this news in his own words. Ed
High Court gives Bembridge Harbour Trust permission to proceed with a Judicial Review of Bembridge Harbour’s Management.
On 1st October Bembridge Harbour Trust was granted leave to pursue a Judicial Review of the harbour authority, on the grounds that it made loans of £630,000+ to other companies its directors own.
Funding for harbour improvements
BHT are advised that under the terms of the local Harbour Act these sums should have been available to fund harbour improvements. Improvements which its directors, Malcolm and Fiona Thorpe themselves declare as the priority needs for the harbour.
Judicial Review is a court process that looks at decisions by a public body.
Accountable to the public with a duty to the public interest
This High Court decision puts paid to an oft repeated misconception that Bembridge’s Statutory Harbour Authority is absolved of responsibility as a public body, due to its being privately owned. Instead, it confirms once and for all its status as a statutory body, bound by the local Harbour Act, accountable to the public and with a duty to the public interest.
Unfortunately, the nature of JR means that only issues falling within a short time window may be heard, meaning that older issues cannot be taken into account under this particular process. Such issues would bring the total sums that concern us to over £1.5m.
Other grounds BHT had requested be taken forward were declined.
“Commercial confidentiality”
BHT’s reluctant decision to take court action is against a background of Mr and Mrs Thorpe’s policy of actively resisting the government’s recommendation for transparency in the harbour authority, and their refusal to explain these matters with evidence (despite being offered many opportunities) on the grounds of commercial confidentiality.
Such lack of openness has only added to community concern about visible deterioration of the harbour, with locals even offering to themselves restore a key groyne that the SHA has failed to maintain despite declaring it a priority.
Other Judicial Reviews
This is one of two Judicial Reviews BHT are pursuing in connection with harbour, the first being against Isle of Wight Council re planning consent for the Bembridge Investment Ltd’s development scheme on land currently used, and some registered to, the Harbour Authority.
That JR has now been referred for permission to appeal.
With the grounds we can now pursue, BHT’s hoped for outcome from this case is that the £630,000 loans shown in the accounts will be repaid, making cash available for overdue improvement, maintenance, dredging and groyne repair.
See BHA’s response to the news.
