You may remember, Mr Jim Kenyon – Chair Independent Hemsworth Town Council, losing the challenge to stop the housing development on Kirkby Road in Hemsworth.
Not only did he lose that, he then went on to appeal and lost that with costs of running into thousands of pounds.
Extracted from Case Summary: (Kenyon) -v- Secretary of State for Housing, Communities and Local Government & Others [2020] EWCA Civ 302
8 April 2020
The Claimant (Kenyon) requested a screening direction from the Secretary of State of a third planning application by the developer. The Secretary of State agreed with the local planning authority that EIA was not required.
He found that it was not likely to have significant effects on the environment.
The Claimant applied for judicial review of that decision on a number of grounds:
only one of which was ultimately granted permission to proceed.
This related to a failure by the Secretary of State to consider the cumulative effects of the proposed development with those taking place on five other sites in the locality.
That challenge failed in the High Court before Mrs Justice Lang, whose judgment was subsequently confirmed by the Court of Appeal.
The Court of Appeal agreed with Lang J that the Claimant’s approach was, “unduly forensic and nit-picking.” Very strong language thinks Ferret.
The courts will only interfere if its judgment is irrational.
This case will provide reassurance for local planning authorities and developers alike that the court’s will not tolerate ‘nit-picking’ challenges and are unlikely to be sympathetic to claimants who urge them to undertake forensic scrutiny of screening decisions.
The Court was similarly critical of the “unsatisfactory” attempts to re-argue points raised in the court below without identifying any error of law in Lang J’s judgement and even to raise entirely new points (which it described as “challenge-creep”).
Now with such a damming loss of this challenge and of course the costs incurred that go with it, you would think that would be the end of it. Well it would be for any rationally minded person, but we are dealing with Jim Kenyon and of course somebody else picks up the costly bills never him as he is never wrong.
So, as we now know, permission to appeal was applied for to the Supreme Court (I know hard to believe but Kenyon is an idiot especially with other people’s money)
And the verdict from the hearing held in May that was not disclosed by Jim Kenyon was another humiliation.
He took a case to the Supreme Court with “no arguable point of law”
Now to the extremely serious issues for this community:
Ferret believes that the legal firm that has been used for these cases are the same firm that Hemsworth Town Council are using for the case that they are defending against Saul Construction next year, which win or lose risks taking this community to bankruptcy.
They have sought to take a case to the Supreme Court with no arguable case and yet Hemsworth Town Council are risking everything we have on a case, based on their advice, that win or lose does not have a good outcome for Hemsworth, Kinsley and Fitzwilliam.
Hemsworth Town Council has undertaken no risk mitigation policy / procedures to protect this community should they lose this or any cases that follow as a result.
The Legal team engaged by Hemsworth Town Council have given them a very poor chance of success. Ferret believes it is the same legal team that failed in both the aforementioned appeals which is far from reassuring.
We are spending over a hundred thousand pounds on legal costs, so I suppose there is always a winner – the legal teams and not us.
This was the legal advice that Mr Kenyon originally claimed was being provided on a no win no fee basis.
No prizes given for guessing why that agreement never materialised, if of course it was ever true.
So, Hemsworth Town Councillors:
Did you make the decision being in possession of the full facts of this case when you voted to continue with your legal action to rescind the contract with Saul construction or were you kept in the dark like the rest of us?
If you were kept in the dark then it’s time to reconsider your decision before we lose everything.
Is this yet more evidence of Mr Jim Kenyon, Independent led Council trying to bankrupt us to facilitate the sale of our precious community assets?
Slowly the others are realising this man is a liar
His brain washing along with another higher councillor and kenyons mate has gone deep into these peoples heads
What I don’t understand is the ones that seem educated that have fallen for this blatant corrupt way and how could they be brain washed by these uneducated ones
Time will tell what is going off It will be too late then though
It’s not a cabal this group its a cult and I believe pringle is the master behind it all because Kenyon takes all his directions from him in meetings
Fgs don’t ever vote that man on to the council his vileness will poison hemsworth completely
well Councillors, that question is pretty clear, have you be made aware of all the relevant facts that you need to know about this case to be able to come to a rational decision, should the repurcussions come back knocking on your doors? You can no longer say you didn’t know and anyway as we all know, ignorance is no defence in law.The burden will be enormous and could take you and your families to financial ruin as well as you being being shunned and shamed in your own communities. Have you been provided with all the legal advice, past and present about this case? The past advice when decisions were made is the advice that is really important, as that is the only advice that will be taken into account as relevant by the court, as we have seen, for any actions taken at that time.
The term “challenge creep” that has been applied to Kenyon, basically means trying to apply changes in law or conditions or regulations that may have come into force after original decisions were made. You are now aware that these arguments have been thrown out at every level of the courts including the Supreme court. Only anything in place at the time that decisions were made can be referred to. So have you seen:
The councils full legal advice, Past and Present?
Were you made aware of the humiliating loss in the Supreme Court in May?
Have you been shown “Case Histories” from previous judgements that will have set precedents that will be referred to in this case and any following cases for monetary restitution?
If not why not?
All councillors are elected to represent the community not to show blind loyality to an individual who has left a path of serious destruction behind him througout his life. Remember all those questions still unanswered, why not ask him yourselves about his claimed qualifications or just one will do, the alleged “Teacher”. Some of you who have known him a long time know this is a ridiculous claim, as although he can talk the talk, he is barely litterate. Just one final point, Kenyon has been pursuing this vendetta since 2008 through the courts right up to this present time, so who is really resposible for the delays?
It seems strange to me how we have the council being led by a chair and vice chair who have not been voted on to the council by the electorate. Kenyon and Wilson need to be replaced by someone the people have voted for. It is clearly obvious that the agenda of this council is not for the benefit of the community. There is a cult or cabal that is self centred, and poisonous, the good and honest councillors are out numbered. I find it hard to believe that all the cabal “independent” councillors are as corrupt as the central few. A lot of damage, financial and otherwise has been done already but there is still time to do the right thing and start to make amends for past mistakes if you were taken advantage of. If not be prepared for the consequences they will come and they will be harsh.
Best not to forget that Pringle seems to be much more than an advisor to this council, also he tries to stifle dissenting voices whenever possible even after being rejected in election after election. But Kenyon and the Eccles’ are without a doubt the leaders and appear to be the main beneficiaries of all the schemes and scams that are being undertaken while their mates keep putting their hands up in support.
Exactly, when this is all over they have to live here in our community, they have to shop here. It’s also their money that is being squandered and and stolen too.
If like bodger keeps saying it’s all rubbish what is being reported here then prove us wrong I’m sure we would all rather be proven wrong than what the alternative is. Instead of saying it’s rubbish then going on to talk about unrelated issues, to I assume to prove your point. Tell us the truth.
Remember you have to live here when you’ve betrayed, bankrupted and ruined us all.
Come on Kenyon and the cabal do the right thing.
It looks like our Councillors need to start to understand the personal legal implications of being held accountable.
Hemsworth Town Council maybe regarded as a separate legal entity in law, but that doesn’t mean each Councillor or employee has no personal legal duties.
Their personal assets can still be at risk.
If a Councillor or council employee knows of wrongdoing, or a cover up, by keeping silent, they become party to the offence and culpable, hence liable – even if they didn’t actually hide the facts themselves, doctor documents, give false testimony or acted negligently.
Mr Pringle, on the other hand, is just an advisor to the Council, so will avoid any such liability.
Good points Linda and all the others, but just a reminder to Pringle, he isn’t a Councillor thank god , but his wife is.
it would appear a lemming is driving the bus towards the cliff advised by an unelectable badger
It would appear that the Badger 🦡 loves to use big words, but unfortunately doesn’t know how to spell them.
Linda Pringle the councillor plus those that are in the group should be contacted by the public from the Ward they represent and the public let them know how unhappy they are. There are no emails but there are phone numbers provided on the Hemsworth Town Council website.
There was a video on the Facebook page of HTC where Stan Wilson was talking about a lack of public interest. Pointing around the room like saying where are they? Well it was in a pandemic for starters. Secondly I believe that Stan doesn’t get much feed back directly from the members of the public about his decisions and his votes. He voted he had confidence in Kenyon he and the others that voted confidence in Kenyon are the ones keeping the shit show on the road. So those not IW as he has left but Folleti is in his place are the ones that need a quick text here and there to inform them that their parishioners in the area they represent disagree. Keep it polite.
The swamp!…..pretty apt considering the water park was built on one…….