Association of Scottish Community Councils

Decisions Published in Largs CC Court Case

The contentious court case involving Community Councillors from Largs CC in North Ayrshire has ended in a forthright verdict.

In a case that invaded the lives of the six defending Comm Cllrs for almost two years, the pursuer another Largs CCllr, James Perman, lost his case and was denied an appeal.
Sheriff Watson, who presided over the hearing, made a number of legal notes and rulings that should be known by every Community Councillor in Scotland. James Perman v Murdoch et al (Largs CC) Sheriff & Sheriff Principal Judgements (.pdf, 5.6mb).

Welcoming the judgements, ASCC National President CCllr Vincent Waters said:

“This is a relief to the six Community Councillors of Largs who have lived in constant tension since writs were first put through their doors. Community Councillors should never have to perform their role as elected representatives in fear of being sued merely for acting properly.

CCllr Ian Murdoch and his colleagues deserve the sympathy and good wishes of every Community Councillor in our nation. They have spent thousands of pounds defending themselves from an action from a fellow CCllr who the Sherriff said “appears to have proceeded against the defenders with a degree of vindictiveness”.

It is clear that the legal structure of Community Councils need to change, to protect Community Councillors from their current position of total personal liability and to ensure the people’s elected representatives are not silenced by fear of legal reprisal. The ASCC will be in talks with all political parties about how this can be achieved.”