'Unfair system’: Campaigners wait for verdict after Whitby Harbour court hearings

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The long-running Whitby Harbour case was finally heard in court last week following years of legal challenges.

And the campaigners are now waiting for a verdict as the judge reserved judgment at the end of the hearing.

The case centres on an objection made by the Fight4Whitby pressure group, which argues that more income has been taken out of the harbour by the council than has been spent on it.

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Mr Justice Sweeting presided over the two-day hearing at the Royal Courts of Justice in London on March 5 and 6.

Sue Boyce, who has led the Fight4Whitby campaign since its inception, pictured with her dog Charlie on the 199 Steps.Picture: Jonathan GawthorpeSue Boyce, who has led the Fight4Whitby campaign since its inception, pictured with her dog Charlie on the 199 Steps.Picture: Jonathan Gawthorpe
Sue Boyce, who has led the Fight4Whitby campaign since its inception, pictured with her dog Charlie on the 199 Steps.Picture: Jonathan Gawthorpe

Whitby resident Sue Boyce, who has led the legal effort from its inception, spoke to the Local Democracy Reporting Service after the hearings.

She said: “Now we just wait for the verdict and see whether North Yorkshire wants to appeal that verdict, and if they decide to go to the court of appeal, it could be another year to get a hearing”.

However, Ms Boyce, who has put tens of thousands of pounds of her savings into funding the proceedings, said she would not be able to appeal if the decision was not in the group’s favour: “We’re all out of money by that time.”

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She added: “We wouldn’t have fought for so long or so hard if we didn’t think we were right.”

It is understood that no date has been set for a decision to be handed down, but a ruling is not expected before Easter.

The dispute has meant that the former Scarborough Borough Council’s (SBC) accounts dating back to 2015/16 have not been signed off.

Freedom of Information requests have also revealed that the former SBC and new North Yorkshire Council have spent more than a hundred thousand pounds on legal fees.

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Asked what she thought should be highlighted about the process, Ms Boyce said: “It is the unfairness of the system whereby the individual ratepayer puts in the objection, but as soon as the auditor starts to consider the issue, you are gagged.

“The fact that the Fight4Whitby group originally had collection boxes around the town to raise money for legal costs, but once the legal restrictions come down, it is four or five years with no news.”

She added: “It means everyone thinks the case has gone away, so now we are having to resurrect it now that it’s finally gone to court and I think it’s grossly unfair, especially as the council has spent hundreds of thousands of pounds on external legal fees whereas as the individual ratepayer has to fund it themselves.”

North Yorkshire Council’s assistant director for transport, Paul Thompson, said: “We are committed to the delivery of a thriving harbour in Whitby and while we would not specifically comment on a live legal case we welcome the clarification and final determination by the courts that is required to resolve this long-standing matter.”

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