WADHURST PARISH COUNCIL

Notes on the meeting held on Thursday, 13 May, 2010

Start
As you, Gentle Reader, well know, your Parish Council has no politics other than the common desire to do what is best for our parishioners, so our debates are not coloured by whatever happens to be the prevailing hue, or lack of it, in Westminster.  It remains to be seen whether the mooted relaxation in the disclosure regime for local councillors and other measures promised to ease our plight will actually materialise; cynicism can be a great comfort at times like these.  Our deliberations at this, our first meeting since the general election, were unaffected by the change of government, apart from the occasional predictable reference to coalition.  Indeed, so relaxed was the atmosphere as we gathered that your scribe wondered whether our chairman designate (up for re-appointment) was ever going to stop dictating instructions (or so it seemed) to the reporter from the Courier and call us to order.  Silly scribe!  It was the chairman of yesteryear who eventually came to life a full five minutes late, seized the chair and asked for nominations for election to our highest office.  Tom Doyle, the only candidate, was duly and unanimously re-elected and the meeting carried on under his benign rule.

Jobs
This being our Annual Meeting, jobs had to be allocated and committee appointments made.  They were, virtually unchanged from last year.  Jan Pearman was duly reappointed Vice-Chairman.  The committees, in case they are of interest, are now composed as follows, the first-named in each case being chairman, and omitting for the sake of brevity Christian names and indications of sex.  Environment:  Whatmore, Gadd, Gates, Kent, Mamlok, Wheeler; Finance: Doyle, Monaghan, Phipson, Price, Standley, Whatmore; Highways, Transport & Lighting: Monaghan, Berger, Colvin, Gadd, Phipson, Whatmore, Wheeler; Planning: Berger, Bell, Kent, Mamlok, Monaghan, Standley, Whatmore; Recreation Ground Management: Phipson, Pearman, Standley, Whatmore (and representatives from the Junior Football Club and the Tennis Club); Personnel: Price, Bell, Kent, Monaghan, Wheeler.

Police and Public
Having accomplished our annual duties, we resumed the normal agenda of a parish council meeting and noted the three apologies for absence and the lack of any interests to declare.  Our PCSO having business elsewhere, she had submitted a written report which included the sad break-in and theft from Costcutters and four other incidents.  Then it was time for the Public Forum, when the only stranger present expressed strong support on behalf of the Business Association for the car parking proposals but urged caution in introducing them, being fully aware of the law of unintended consequences.  The minutes of our previous meeting attracting as usual no comment, we leapt into unexplored territory.

News from On High
Bob Tidy being still ill, the floor was clear for Graham Wells, whose turn it was to report on District Council matters.  This being the only possible opportunity for a political diatribe, he announced that he would talk rubbish, and proceeded to do so:  641 households in Wealden District have joined their more advanced brethren and are now composting their household waste, and the recycling scheme has been embraced with gusto by most local inhabitants.  He told us also of the possibility that the housing allocation might be reviewed by the new government, that WDC had opted to continue with a leader and cabinet rather than a directly elected mayor, and of the steps being taken to work closely with town and parish councils to achieve a greener Wealden.

Chairman’s Announcements
The Chairman reported on the visit to Aubers to mark the tenth anniversary of twinning, and the several very moving events and visits in which he had joined.  The Aubersois were already planning for the centenary of the Battle in 2015 and we should be doing likewise; it is easy for us to forget the traumas they suffered in both World Wars.  As a Quality Council, we had received a grant of £766 from the Sussex Associations of Local Councils, and we must find a good community project to which to put it.  The Chairman instructed us all to think – a novel concept in some chambers, but not in ours.

Highways, Transport & Lighting Matters
These provided two opportunities for us to engage in our favourite activity of talking at once about mostly irrelevant matters.  The first was the allegation that eight tons of material had already been used by ESCC to patch up the potholes on Station Hill; it was agreed that this must be nonsense but it did elicit the information that only a hole exceeding 4cm (just over 1½ inches to those who were educated in pre-metric times) in depth qualifies for emergency repair.  Like bad dentistry, the temporary stoppings seemed to get dislodged within hours and were therefore a fearful waste of money and effort, particularly as ESCC said it would take only four days to resurface the road completely.  Scarcely had we agreed to ask the County Council to expedite this exercise, now due in early July, before we sauntered with our eyes wide open into car parking.  The recent survey had not of course produced definitive information, and each of us of course knew in what respect it was misleading and why, but it had indicated that virtually all the Washwell Lane bays and half those at the Greyhound were occupied by all-day parkers; other users parked for a short time only – about 25 minutes in most cases.  If all-day parkers could be diverted elsewhere, the parking problem would be solved at a stroke, perhaps.  The proposal, supported by the fire authorities but not by our local firemen, to create long-term spaces at the Fire Station should be pursued.  We had approved it in principle but still awaited the detail.

Other Committees
Planning matters were approved without debate, so we heard from the chairman of the Recreation Ground Management committee of the popularity of the new play equipment – too popular in the case of the kicking wall where balls and linguistic excesses were causing a problem in the neighbouring allotments.  The committee would meet to consider the problem.  There would be a formal opening ceremony later in the month in which the Primary School would play the major part.  Environmental and Finance matters proving unusually unexciting, the meeting ended shortly before nine o’clock, when no-one seemed in a hurry to leave and only three grumpy old men seemed to need to slake their thirsts.

Next Meeting
The next meeting of the Council will be on Thursday, 10th June, 2010, at 7.30 pm at the Pavilion, Sparrows Green Recreation Ground, as usual. 

Notes on the meeting held on Thursday, 8th April, 2010

Police and Public
Such is the enthusiasm of our noble councillors that most of us were in our places and raring to go a good ten minutes before the appointed hour; even the apparent latecomers arrived with time to spare.  We received and accepted apologies from two of our number and from our County Councillor, Bob Tidy, who, we were concerned to hear, had been admitted to hospital.  The Police report, again being in writing and circulated before the meeting, took no time, as did the lack of interests to declare.  Public Forum elicited just one question, an enquiry as to the status of the zebra crossing proposals, on which there seemed to be no change.  So we raced on headlong and approved the minutes of our previous meeting without comment or any matters arising therefrom.

News from On High
Bob Standley reported on District Council matters, which turned out to be mostly rubbish: the introduction of recycling appeared to have gone smoothly.  Not to be cowed, a number of our members reported on little local difficulties, such as being omitted because the lorry found access difficult, and lack of space for wheeliebins.  For no apparent reason, the debate suddenly developed into a discussion on their uses, which led one of our number to divulge that she used hers to look for men.  The hilarity caused by this confession (and confusion, as it was not clear whether she hoped to find them concealed there, or by herself climbing in to peep out) and the resultant imaginings meant that the Chairman was not the only one to lose control – but eventually order was restored and business was resumed.

Chairman’s Announcements
We were to be invited to meet sixth-formers from Uplands Community College to explore matters of mutual interest, and the Chairman sought suggestions.  Litter and car parking immediately sprang to mind at our end, and particularly whether they would be happy to park at the Fire Station if that proposal proceeds; from their side of course there may be more intellectual ideas, such as the organisation of local government, or even global population growth.  We shall see.  Next our gallant chairman invited comments on the parish council website; from the responses it was evident that those of us who ever visit it do not want this fact to be known, but that it does receive a good many “hits” and seems to be user-friendly.  Apparently, many parishioners log on to read our minutes each month; what a waste of energy, when they could subscribe to this august publication and read the inside story!  He then drew attention to the certificate, granted to one of us in recognition of her litter-picking efforts, which has since been posted in the High Street noticeboard.  Finally, he brandished a communication from Network Rail intimating their intention to erect, without the need for planning permission, a sixty foot high mast at Scrag Oak intended to enable signalmen to communicate with each other and the train drivers; this caused another outburst of uproar – partly because some of our number appear to need tuition in map-reading, partly because others wished to express their incredulity, and partly because the rest did not wish to be left out.  For a brief period a good time was had by all, even if it led to no discernible outcome. 

Annual Parish Meeting
Determined to drive us on however, the Chairman cracked his whip and we looked at items raised at the Annual Parish meeting, which of course brings us back to global population growth – as irrelevant there as at our meeting with Uplands – and on to potholes, soon to feature again in our debate, and the zebra crossing.  It had been apparent at the meeting that a majority of those present were against the, and quite possibly any, zebra crossing.  There ensued a further debate on how to find out what parishioners, and in particular the intended users, really thought about it.  The 92-signature petition to which the County Council appeared to attach significant weight was not within the rules of the consultation process and contained signatures from many who had already commented.  A petition appeared to your unbiased councillors to be a form of polite mob rule: no-one dares decline to sign.  Few of those questioned in the High Street seemed to be in favour; the only way to find out what the residents of Crittles and Fazan Courts (for instance) really thought would be to ask them individually, and this we mean to try to do.  It would be wrong to permit a crossing to be imposed upon an unwilling population, but if there is a desire for one we must help find a suitable position for it.  This then became the third occasion when we all felt able to make exceptionally well informed and simultaneous contributions to the debate.  For a third time, teacher called his class to order.

Committee Matters
Highways, Transport & Lighting matters consisted of the usual report of streetlamps needing to be re-headed when we thought all that was wanted was a new bulb – and of course a brief discussion of potholes and lack of attention to them.  The report of the Planning Committee caused little excitement even though its chairman attempted to get approval of the minutes of its last meeting without circulating them first.  Thus was the way paved for the Recreation Ground Management Committee, which had circulated in advance the document to which it sought approval; this was intended to enable the Junior Football Club to seek grant aid for improving the Voelcker Field to help it maintain its programme of giving training and match experience to its registered players, currently numbering 172, between the ages of five and fourteen.  After a brief debate to ensure that the Council was not giving away anything it might later regret, the proposal was approved.  Ever open-minded, your councillors are not averse to permitting others to spend potentially substantial sums on improving the Council’s facilities.  The new play equipment had passed its safety test with flying colours and was being busily used and enjoyed.  Finally, the Environment Committee provided little stimulation, save that they hoped to plant additional spring flowers, so we moved on to Finance and approved a change in our policy for awarding grant aid; applications will now be considered twice a year instead of once only.  Our duty done in little over an hour, we went our separate, or not so separate, ways.

Next Meeting  The next meeting of the Council will be on Thursday, 13th May, 2010, at 7.30 pm at the Pavilion, Sparrows Green Recreation Ground.  This will be our Annual Meeting when we do Very Important Things like re-(we hope)electing our chairman, appointing committee members and chairmen and selecting those to represent us on other local bodies.  All our meetings are public; do come.

Notes on the meeting held on Thursday, 11th March, 2010

Police and Public
All bar two (both apologising, one for lateness and one for absence) of us being in our places at the appointed hour, we started by considering the Police report from our PCSO, which on this occasion was delivered on paper rather than in person.  It set out the priorities for Wadhurst: Anti-social Driving, Parking and Behaviour in that order, although enthusiasm for the last had been somewhat dampened by the recent chilly weather.  Next, the only member of the public present was invited to say his bit, which received a sympathetic hearing.  He said that the War Memorial and its environs had been maintained in the past by the Royal British Legion but that this was no longer possible with the passing years of those involved; some immediate repairs were needed, plus ongoing maintenance.  Our gallant Environment Committee were invited to take this under their wing.  This being the shortest Public Forum for some time, we launched into the meeting proper and approved the minutes of our last meeting without question and without any matter arising.

News from On High
It was therefore County Councillor Bob Tidy’s moment of glory, but rather a brief one; he said he had nothing to say other than to report the appointment of a popular new Chief Executive, and sat down.  District Councillor Graham Wells then sprang to his feet to make up for Bob’s brevity.  He started by telling us of the excellent reception the Road Safety working party’s report had received from both public and media.  The main problem was that young drivers (up to the statistical age of 24) get little practice on rural roads and easily lose control of their vehicles.  Traffic had increased 37% in the last twenty years and our road system had been developed long before that.   He drew attention to the grants available for community transport schemes, to the fitness training for those past their first flush of youth, to the 600 additional people helped by the CAB as a result of additional funding from WDC, and to the introduction of recycling collections.  Expecting a battering about the last of these, he was pleased to find that we thought it was going rather well.

Chairman and Committees
This is the point where the Chairman enjoys his moment of power, and tells us about all the things he has so far hidden from us – except that in the case of this and past chairmen there is nothing concealed to reveal.  So imagine our surprise when he told us that in encouraging attendance at the forthcoming Annual Parish Meeting we should stress the serious, inquisitorial nature of the event and not simply plug the free booze.  That sorted, we turned to Highways, Transport and Lighting matters and listened in rapt attention to the committee chairman’s report on a recent ESCC Winter Maintenance conference; she had learnt that East Sussex had gritted a higher percentage of roads than any other county, fully half of the 2,000 miles in the county.  Unfortunately, the fifteen gritting vehicles have to lie idle the rest of the year but had worked flat out this winter.  The conference had confirmed that it was difficult to sue people and anyone clearing snow in a responsible manner should be applauded and free from liability.  You, Gentle Reader, will not of course be surprised by this, having read it already in the February edition of this august publication.

Tradition
It is a tradition of Wadhurst Parish Council that at some stage the Chairman loses control while members all contribute simultaneous but conflicting views on matters about which each is a self-appointed expert.  No sooner had such a debate on the evils of ice and snow and their effect on road conditions run out of puff than we started again.  This time it was the proposed extension of the existing 40 mph limit from Faircrouch Lane to Partridges Lane; the one thing upon which were all however agreed was that it was silly and the experts who had proposed it should be told so; this was the only bit of the Frant road which was safe and all the crashes take place on the hill beyond the proposed limit.  So satisfied were we with this that we forgot to question the reports of the Planning Committee and found ourselves in the mire of our old friend the Recreation Ground.

Pride and Joy
The new play equipment at Sparrows Green had now all been installed and had just passed its RoSPA inspection with flying colours.  There were sparkling new things for all ages, including slides, swings, climbing wall, logs, a cycle track, hopscotch, snakes and ladders, car tyres, monkey bars, and a practice goalmouth with basketball hoop above, all of which had been well used in their first 24 hours judging from the fresh mud upon them.  We could be proud of our play facilities.  The only snag was that they had run over budget because of the unexpected amount of additional ground works, and then safety wood chippings, required.  The committee chairman got an unexpectedly easy passage for his request that the additional funding be approved – but there was really little choice as the work had been done, and, under the terms of the grant funding, had had to be completed by 31st March.  Agreeing the new mowing contractor for the pitches was then a rather unexciting item.

Environment and Finance
Excitement can break out on the oddest of pretexts.  In this case it was the proposal of the Environment Committee that the K6 telephone kiosk outside the old telephone exchange at Durgates should be disconnected from its electricity supply.  Avid, but of course still gentle, readers will recall that we bought it for £1 when we accepted BT’s offer that it should be adopted by us rather than removed; so we took over responsibility for lighting the bulb within it.  EDF now wish to charge over £20 per month for the illumination, or £386 for cutting off the power.  Ordinary mortals would of course default on their payments until the utility executed the ultimate sanction of casting them into outer darkness, but we are neither ordinary nor mortal.  The combined intelligence of fourteen parish councillors was then directed at how to achieve the aim without the penalty; suggestions ranged from removing the kiosk, still attached, through chopping the wire, to short-circuiting it.   The committee chairman was directed to enter into gentlewomanly negotiations and report back.  After all that, the reappointment of our Internal Auditor had all the fizz of a damp squib.  Finally, we had to appoint two representatives to the new management committee for Wadhurst Institute Hall and Field, which had been set up to keep an eye on financial planning following our agreement to make a grant towards the cost of converting the back of the Commemoration Hall for occupation by the County Library.  There being a field of three candidates duly proposed and seconded, we took a signed ballot and elected two: Councillors Kent and Standley.  Just before nine o’clock, our duty done, we were allowed home, or elsewhere.

Next Meeting
The next meeting of the Council will be on Thursday, ,8th April, 2010, at 7.30 pm at the Pavilion, Sparrows Green Recreation Ground.

Notes on the meeting held on Thursday, 11th February, 2010

Mob and Police
With the possible floodlighting of the tennis courts on the agenda, we expected a large and partisan congregation in the public gallery, so it was with wry humour that we welcomed our PCSO who arrived in good time to make her report.  She told us of the Speedwatch and Anti-social Driving enforcement measures, and the recruitment of some younger members to the Neighbourhood Panel to make it fully representative of all ages of parishioner.  In fact, although there were some fifty members of the public present, they are all to be congratulated on their good humour and courtesy; no crowd control was in any way needed.

Public Forum
Knowing that most of those present were particularly interested in the floodlighting issue, our gallant Chairman decided to invite anyone else to address us first.  The first of these told us that local traders supported the idea of long-term car parking at the Fire Station, provided that it was backed up with a two-hour limit elsewhere and some element of enforcement.  After a brief question about the current unofficial disabled parking bay, those against and in favour of floodlighting were given ten minutes each, having previously tossed a coin to decide that they should speak in that order.  The opponents reminded us of the effect of the expected light and noise on the neighbourhood and the one hundred and forty-five households which had signed their petition, the nocturnal habits of bats and other species even in winter, and the threat of planning conditions binding on the Parish Council as landlord.  The Tennis Club then called upon a youngster and an octogenarian to address us on the problem of being unable to play tennis in winter, except by transferring to clubs elsewhere, followed by a reminder of the benefits to the wider community which winter evening tennis would bring, and the technological improvements which would limit light spill and pollution.  The semi-century of eager parishioners then had to wait in silence while we tackled our agenda items in strict order.

Serious Stuff
After approving our previous minutes Bob Tidy was invited to tell us about County Council matters.  The increase in Council Tax had been cut to 2.7 per cent, in spite of the need to spend a million pounds on treating potholes and three million on free care for the elderly; we were now reaping the rewards of past financial prudence.  Bob Standley reminded us that Wealden District Council was at last to move to a single site in Hailsham and must make other savings to balance its budget; it was also particularly concerned with the poor road safety record in the District.  The Chairman then announced with great dignity that he had nothing to announce about the forthcoming Annual Parish Meeting on 24th March.

Zebra, and Parking
So we moved to Highways, Transport & Lighting matters, including the outcome of the consultation on the proposed Zebra crossing.  Questionnaire responses showed that 60.7% of respondents were opposed or strongly opposed to it and only 37% supported or strongly supported it; furthermore, 50.3% thought there was no need for any pedestrian crossing in the High Street compared with 45.1% who thought there was.  There had also been a petition with 92 names on it in support but we felt disinclined to give it much credence as no investigation had been made as to the validity of the signatures nor the extent of double-counting, and if petitions had been invited as part of the consultation the opponents could also have had a whip-round.  We were therefore stunned to find that ESCC proposed to install the crossing.  They had originally said that if WPC supported it, they would go to public consultation; we did not, but they did.  The consultation having shown a considerable majority against, they proposed to ignore it: why consult?  Even our much-loved Bob Tidy said that he was determined to install a crossing somewhere but would seek a more suitable position.  After this, it was light relief to debate the proposal that we should support in principle the plan that if some thirty parking spaces were created at the Fire Station, we would share the cost; the fire authorities are keen on the idea and have promised us that our retained firemen are now happy with it.

Recreation and Floodlights
On such an evening, planning matters attracted little interest so we pressed ahead and were told that work had started on the improvements to the children’s play equipment at Sparrows Green, and that the formerly controversial kicking wall would be sited near the tractor shed.  Thus we touched upon the highlight of the evening, the appeal from the Tennis Club that we support their revised proposals for floodlighting two tennis courts, without which they would not commit the time and expense required to revive and pursue their application for planning permission.  As every reader will readily recall, two years ago WPC opposed permission which was nonetheless granted but negated when WPC refused (as landlord of the Recreation Ground) to allow it to be implemented; it was then set aside by the High Court on the application of local residents.  Clearly a matter giving rise to strong feelings!  Having debated the issue before and been addressed by both sides, we were all well aware of the arguments for and against; nevertheless, a few members felt they should let their feelings be known before a vote was taken; meanwhile those in the public gallery had to bite their tongues, as they are permitted to speak only during the Public Forum.  On the application of two members, a secret ballot was taken on the proposal that floodlighting be supported, limited to nine o’clock most evenings but six on Sunday; the proposal was approved by a majority of two votes.  Disappointed or exuberant, depending on their views, most of the public trooped out into the night.  One of our number, who had considered herself barred from participating because of an offspring living nearby and had withdrawn accordingly, trooped back in.

Environment and Finance
Suddenly almost unaccompanied, we resumed our business and discussed such mundane matters as the enhancement of the village by the planting of trees and flowers and the removal of chewing gum from the pavements.  Then the grant towards the preparation of the Commemoration Hall for the arrival of the County Library was raised again.  One of the terms upon which we had made our second payment conditional had proved inadvisable and the requisite number of councillors supported its reconsideration; so we reconsidered it and agreed a revised proposal.  By now lightheaded and thirsty, we approved without debate the accounts payable and looked to the Chairman for a lead.  With relief, he finally called order and dismissed us into the arctic conditions outside, it being fully ten o’clock.  Even then, some of us appeared less keen than others to leave but eventually the chamber emptied and a few engaged in extended debate elsewhere.

Next Meeting
The next meeting of the Council will be on Thursday, 11th March, 2010, at 7.30 pm at the Pavilion, Sparrows Green Recreation Ground.

Notes in the absence of a meeting in January, 2010

Sniff out the Glad Tidings
After some of the frustrations we have had to endure during the past twelve months, such as wholehearted support for the improvements to the play facilities at Sparrows Green so long as the plans are changed, it is good to be able to report that work is in full swing on the new Library.  A survey (among a random cross-section of one reader) has shown that those who read this august publication also borrow books from the village Library; you will therefore be aware, Gentle Reader, that the room at the Institute is unable to house everything which the County Library Service is keen to lavish upon us.  East Sussex County Council has therefore agreed to take a lease of the former Social Club premises at the back of the Commemoration Hall provided the structure is brought up to an acceptable standard and, as was reported last month, your Parish Council agreed to chip in.  The County Council is now installing all the facilities which a good library should have.  And what is sniffy about all that, you may well ask.  The sad answer is that in future books from Wadhurst Library will no longer enjoy the musty aroma which generations have learnt to recognise and love, imparted to each volume by the climate controlled jungle-like atmosphere in the Institute; in other words, it appeared to be a fraction damp.

Risk Aversion
The Armed Forces Minister recently said that as a nation we are becoming too risk-averse.  But what about as individuals?  Why not clear the snow to help others?  Should conker trees be felled?  Should children not climb trees?  What about Health and Safety?  The law is not really as mad as people’s perception of it.

Who makes the Law anyway?
That is a question which has been debated n the parlours and public bars of England since time immemorial.  The common law of England was to a large extent made and kept up-to-date by the judges who struggled to do what was right while following the precedent of what previous judges had decided; if they wished to buck the trend, they “distinguished” their current case from its predecessor, or to put it another way they included in their judgment a statement as to why it was necessary and proper to come to a different conclusion from their learned predecessors.  The Monarch, if moved to action on a particular topic, occasionally issued a decree.  Then came Parliament, whose members decided that they had been elected or appointed for the purpose of keeping their fellow citizens under control (unlike, of course, a parish council) and statute law was invented.  This had and still has the disadvantage that judges have to follow it as written, so if it becomes out of date or proves to be unfit for its purpose a new statute needs to be enacted to amend or supersede it.  Because this became necessary with increasing frequency, and interfered with the process of dreaming up really new laws, someone hit upon the idea that it was not necessary for Parliament to debate every new law in detail – it would thenceforth be sufficient if new laws within certain parameters were laid on the floor of the House for a limited period, whereafter they would come into force if no-one had objected quickly and forcibly enough.  MPs were discouraged from taking an interest in new legislation, although they were encouraged to behave like hyenas at the zoo when budgetary matters which they did not understand were debated. 

What next?
Then we joined the European Union, where much law is not proposed or debated in parliament; the very laudable objective of trying to stop individual countries going on frolics of their own where a uniform approach would be helpful is largely left to the Commissioners.  Edicts from Brussels take two forms: Regulations, which are laws binding on EU governments which get fined if they break them, and Directives, which as the name suggests are instructions to all EU governments that they must enact local laws to the effect of the things set out in the Directive, and in doing so may include the things specified as being optional.  These local laws are to be introduced in the manner normally used in the relevant country, which means that in some countries only the compulsory things are enacted, and in a vague manner which leaves it up to the judges to interpret them in a sensible manner.  The UK however adopts the exactly opposite approach; we enact not only the compulsory bits but all the optional ones too, and in such detail that there is no room for common sense in its interpretation; to divert the resultant slings and arrows, we are then encouraged to describe it as European Legislation and blame it all on Brussels  when in fact the blame lies at the feet of our elected MPs who should keep an eye on the ball.  For a simple example, consider the “Working Height Regulations, imposed on us by the EU”; that is not even their correct name, they are the product of our civil service and legislature, and they do not contain most of what is alleged, for instance use of a tall ladder is actually not banned.

So who does?
Well, probably the insurance companies.  Margaret Thatcher’s government took the enlightened decision that access to legal redress would be much easier and more universal if, instead of relying on legal aid provided by the State, people wishing to resort to litigation could do so by sharing the proceeds with their lawyers: “no win, no fee” was invented.  To achieve this, her government effectively abolished the mediaeval laws against maintenance and champerty (aiding and abetting litigation, and sharing the proceeds of litigation respectively – or, in brief, persuading a litigant to institute a suit and then sharing the proceeds, as is now widely advertised on the Underground and commercial radio), apparently believing that because they had been in force for hundreds of years they were irrelevant und unnecessary.  The consequence of all this was that certain lawyers and special claims companies now encourage people to make spurious claims which will cost the client nothing if they fail but will enrich the client and the lawyer or organisation if the claim is successful.  The fact that the claim has no merit is irrelevant because it will be carefully pitched at a level at which it is cheaper for the insurer to negotiate a settlement than to fight it.  The payment to the spurious claimant does not mean that the claim was justified or ever came to court, just that the insurer settled for a quiet life.

So what?
So do not assume that you can be sued as easily as you think!  We all know of cases where someone got compensation, but do we know anyone who has paid compensation?  If you clear the footpath in front of your premises, this does not make you liable if someone carelessly falls on it.  They have to show that it was your fault; it might be if you used hot water which turned to ice, but it would be difficult if you acted responsibly and public-spiritedly; we encourage such initiative.  We hope the snow has melted by the time this appears in print: Happy 2010 to all our readers!

Next Meeting
Our next full meeting will be on Thursday, 11th February, 2010, at 7.30 pm at the Pavilion, Sparrows Green Recreation Ground