| LONDON BOROUGH OF WALTHAM FOREST |
From: COUNCILLOR N.F. GERRARD
To: ALL LABOUR MEMBERS
via Members' Secretary
Ext. 4340
12th May, 1987
PRIVATE & CONFIDENTIAL
I have this morning, met the Borough Solicitor to discuss the letter we all received from the solicitors acting for the Waltham Forest Ratepayers Action Group, The Borough Solicitor has already taken advice from Barristers' on how this should be dealt with. The main points arising from our discussion are as follows.
Firstly, the letter which we received, and letters which have been sent directly to the Council, contain various threats that are in fact very light on detail. At this stage there is no point whatsoever in Individual members replying to the letter. As far as the Council is concerned, an acknowledgement only will be sent to the letter which was received. It would be necessary for Writs to be served before any Court action would occur. At this stage, no Writ has been received and no direct application has been made to the High Court by the Ratepayers Action Group. However,It does seem likely that further papers will be received from them within the next day or two. These may include Writs against the Council and possibly also against individual members. It is perhaps important to realise that the process of judicial review would only apply to action taken by the Council and not to action taken by individual members. Any Writs served on members would have to specify the action which was proposed against members. If a Writ is received in the form of an application for judicial review, then it is likely that the Court hearing would take place a few days later. The Council would be represented at that hearing,
If Individual members are served with Writs which specify action against them, then it is likely that we would need separate representation,and because the action was being taken against us as individuals, it would not be possible for us to look to the Council for an indemnity. I already have the name of a firm of solicitors who have represented Council members in other boroughs when there have been legal problems,
It is at this stage, very difficult to do anything more than note the letters we have received. What further action is necessary will depend on what happens later this week. If we receive further letters which are similar to the ones we have already received, then no further action would be needed, but obviously if Writs are served either on the Council or on individual members, we will have to make decisions on how we deal with them. Particularly if we receive Writs as individuals we will need speedy legal advice and it is obviously better that we should receive that advice as a group rather than all individually be put to separate expense. I would suggest that members hold themselves ready for an emergency Group meeting, possibly at the end of this week, if it does turn out that we receive Individual Writs.
Finally, it is important to note that the legal opinions we have so far received are that there is very little of any real substance in the letters so far from the Ratepayers Action Group.
COUNCILLOR N.F. GERRARD
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