Derwent Holdings has got the go-ahead to question Liverpool council over allegations the council acted in “bad faith” in such a way as to “adversely” affect its Edge Lane retail park.
The High Court’s Justice Forbes has directed that lawyers for Derwent can cross-examine representatives of the council over allegations that the council acted in bad faith in making a traffic regulation order (TRO) in November 2006.
Derwent has applied for judicial review of the TRO on the grounds that the council deliberately excluded Derwent from participation in the consultation process which led to the order.
The developer claims that the order “significantly adversely affects” its Edge Lane retail park and should be quashed.
Allowing Derwent’s application for cross-examination, Justice Forbes said that the only way in which the issue of bad faith could properly be investigated was by the cross-examination of witnesses.
Accordingly, both representatives of the council and of Derwent are to be made available for cross-examination during the four-day judicial review hearing set for the autumn.
Derwent is owned by Isle of Man-based tycoon Albert Gubay.
