Ex-Hartlepool councillor to pay £48k after High Court loss
- Published
An ex-councillor will have to pay £48,000 in legal fees after losing his bid to void an election result.
Bob Buchan said he lost the May 2021 election by 10 votes because of false claims made in a leaflet by Labour.
He missed out on being one of three councillors for the Fens and Greatham ward on Hartlepool Borough Council.
A High Court judge found against him, saying the leaflet related to "political conduct and character" rather than a "personal" attack.
Mr Buchan, who previously represented the Independent Union on the borough council, missed out to Labour's Jennifer Elliott by 609 votes to 619, the Local Democracy Reporting Service said.
Days before the election, a Labour campaign letter claimed Mr Buchan had voted in favour of a controversial development for 18 council homes in Hill View, in Greatham, which was approved in January 2021.
Mr Buchan was not at the meeting when plans were approved and voted against a similar previous application in July 2020, the hearing was told.
Judge Philip Kramer ruled there was "no dispute" Mr Buchan did not vote in favour of the plan, with Ms Elliott saying the letter's claim was an "honest mistake".
Mr Buchan said he felt the letter had been an "attack on his reputation and good standing in the community".
But the judge said the letter was about "political conduct" rather than a "personal" attack on Mr Buchan.
'Naturally disappointed'
He ruled Mr Buchan must pay a little more than £48,000 of the £79,000 legal costs claimed by the defence with the money due within 28 days, although instalments can be set.
Mr Buchan said he had kept his costs to "about" £3,500 and would have to seek "support from family and friends" to pay the defence's fees.
"I'm naturally disappointed with the outcome," he said.
Ms Elliott said she was "very pleased" with the judgement.
Had Mr Buchan won, the result would have been voided and the election would have needed to be re-run.
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