Robbie Raises Interdict Against Miller
Several Bridge protestors have decided taken a civil route in an attempt to halt the illegal toll collection. Using the Civil equivalent of a "Nuclear Weapon" a petition for a writ of interdict was placed with the Court of Session against the company collecting the tolls at the start of this month. The writ, placed by Robbie the Pict, asked the Court to prevent Miller Civil Engineering Ltd. from collecting any further tolls on the basis that they are not properly authorised according to Statute. It was prepared by the advocate Michael Upton and argues that anybody empowered to collect tolls must first be assigned that right by the Secretary of State for Scotland or any sub-contracting of this right must again be given by written consent from the Secretary of State for Scotland. The petition claims that there is no such written evidence and hence Miller Civil Engineering Ltd are acting in a criminal capacity.
Such action in the Civil courts can be a double edged sword in that the same judges who have ritually rejected any criminal appeals that there was reasonable doubt about the collections may be asked to consider the matter as a writ. It is also potentially much more expensive should the petition not be granted and costs may be awarded to the defendant. Robbie is quoted as saying "We have had criminal treatment in the criminal courts and we must hope for more civil treatment in the civil courts"
While this has upped the stakes considerably, a victory in the court would reap untold benefits and halt the sending of around £100 million to the Bank of America over a 27 year period. To this end the "Skye Bridge Interdict Appeal" has been set up to assist with the legal costs. Any persons wishing to contribute can do so through the account with the Bank of Scotland in Portree (a/c no. 852736 sort code 80-09-47). Every pound helps and an anonymous donation of £5000 has already been made.
The processing of the appeal is expected to take up to twelve weeks and so developments should happen around May/June. Watch the press!
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Copyright © Ray Shields, 1998.
Most recent revision, 13 March 1998