Judge reserves ruling on libel bill

Judgement has been reserved in a High Court attempt to bar Bedford Borough Council paying the costs of a failed libel trial by three of its officers.

Mr Justice Sullivan has been asked to rule that the council had no power to pay the bill which could reach £500,000.

The judge heard libel proceedings followed a highly-publicised row over the May 2000 council elections in Bedford.

Bedford Borough Council agreed in advance to indemnify chief executive Shaun Field, head of corporate administration Michael Gough and council barrister Andrew Darkoh against any losses when they decided to sue.

Critical article

The action arose after the Bedfordshire on Sunday newspaper carried a critical article on 28 May 2000.

The law barring councils from suing for libel does not apply to individual officers and councillors.

In court Edward Faulks QC, appearing for local authority auditor Gregory Comninos, argued the council did not have the necessary legal power to indemnify the officers.

The court heard that one or more of the three could face ruin if they have to pay their costs.

Mr Faulks said the case raised an issue of importance for local authorities and council taxpayers for which there was no clear legal authority at present.

He said Bedford council's executive committee had decided it was "under a duty of care" to finance the personal legal action of its officers.

The case concerned the counting of postal votes for Brickhill ward in the May 2000 council elections.

Libel claims brought by Mr Gough and Mr Darkoh were dismissed.

Estimates bill

Mr Field only won certain aspects of his claim, and the officers were made jointly and severally liable for 80% of the defendants' legal costs.

Mr Faulks said the case might now go to the Court of Appeal.

The bill so far was currently estimated at £500,000.

This might be reduced to about £350,000 because the three officers only had to pay 80%, and the final amount still had to be officially assessed and taxed.

Judgement is expected next week.