News / Stoke Lodge Playing Fields
Judgement as Stoke Lodge saga goes to court
A judge has ruled that Bristol City Council cannot be listed as two separate entities as the ongoing saga over Stoke Lodge playing fields goes to court.
The main case, brought by Cotham School, seeks to get the town or village green status granted to the land in Stoke Bishop removed to enable the site to be fenced off and access to the public restricted.
On the court papers, Bristol City Council was initially listed twice; once as the commons registration committee, which effectively granted the status in the first place via a delegated committee and will take a ‘neutral stance’. The second listing for the council is as the landowner, which is set to side with Cotham School.
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The rationale of the council’s legal team was to list the council as two separate entities so that it would not, in effect, be suing itself.
Judge Paul Matthews was unconvinced by the arguments made at Bristol Civil Justice Centre last Wednesday morning and in a written judgement, confirmed that while the council could have more than one barrister representing it, they must “all sail under the same flag”.
In the ruling on preliminary matters prior to the main case going to court, he also stated Cotham School is not entitled to cost protection through the courts, a decision the school has said is “very disappointing”.
We Love Stoke Lodge campaigners have said they are delighted with the decision of the judge on the preliminary proceedings.
In a statement following Friday’s judgement, the group said: “Bristol City Council can only be a single defendant to the claim, and the Public Rights of Way and Greens Committee have made it absolutely clear that they want their decision to be actively defended (not just a ‘neutral’ stance).
“The shocking proposal made by legal and property officers that Bristol City Council should breach its own constitution and sue itself over its own decision must now be consigned to the bin.”
The campaigners added “Cotham doesn’t have to run any legal challenge at all. Ofsted and the Department for Education are absolutely clear that there is no requirement for detached playing fields to be fenced, so Cotham can do PE on Stoke Lodge Village Green just as it has done for years.
“We’re happy, as we’ve always been, to sit down and talk to Cotham about moving forward together – we hope today’s decision provides the incentive they need to finally accept that offer.”
Cotham School maintains that the playing fields need to be fenced off – and dogs not allowed within it – for it to continue PE lessons there safely. The fence will be unlikely to be allowed as long as the town and village green status is in place as this protects the land as space for the wider community.
In his judgement, Judge Matthews stated: “The City Council should appear on the record once only. I will order that the two acknowledgments of service filed by the City Council be withdrawn, to be replaced by one such acknowledgment setting out its position in relation to the claim.
“The City Council may participate in these proceedings represented by one legal team and funded by one set of costs. But it is of course open to the City Council to have more than one barrister appearing in court, for example, to deal with different legal specialisms. However, they must all sail under one flag.”
On costs, he added: “The claimant is not entitled to protection by virtue of the Aarhus Convention and CPR Part 46; the court has no power to make a protective costs order; the court declines to make a costs capping order.
“I will order that all parties must file and exchange costs budgets not later than 21 days before the first case management conference.”
Cotham School has said “it’s very disappointing” that, as a state school, it has not received any cost protection through the courts to protect its premises
Responding to the judgement on Friday, Cotham School said: “It’s very disappointing that as a state school, Cotham School, has not received any cost protection through the courts to protect our premises, Cotham School Playing Fields in the ongoing legal proceedings.
“The school will now look to all available avenues to continue with the matter to protect these school premises, our playing fields including appealing this decision.”
All photos: Betty Woolerton
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