Author: Simon Perry
Library Injunction Dropped But Judicial Review Continues
12:52 pm Friday, 22nd July, 2011, Isle of Wight
ShortURL: http://wig.ht/28Jq
Read More- Island-wide, Isle of Wight Council, Law & Order, Library, News
Island campaigners who are battling to keep all libraries on the Isle of Wight open, have decided to drop one of their two legal actions – an Injunction against the IW council.
To be clear, this isn’t the halt of all legal action, the Judicial Review will continue.
The now-halted Injunction was designed to stop the IW council taking an ‘irrevocable’ action – ie selling off buildings, or entering into contracts.
No ‘irrevocable’ actions undertaking
The campaigners say that as the council have given an undertaking, agreeing not carry out ‘irrevocable’ actions, this legal action is not required any more.
Some of the steps that the council have already taken, like sacking library workers, are, in the minds of those involved, reversible, ie those people could be rehired.
We asked the IW council for a comment. They declined.
Campaigners and the council will both be in court with their legal teams at the High Court on Tuesday. The possible cost for the council is still, despite them being asked, undefined.
Image: extremeezine under CC BY 2.0
I am afraid I would not trust a so called”undertaking” by the IW Council not to carry out”irrevocable” actions, such as selling off buidlings. This is like a gentlemens agreement,but not among gentlemen!
Still,I hope any sacked library workers can be rehired very shortly.Not a job for volunteers!
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We are told that the assurance was given to a High Court Judge, so it would, as I understand it be contempt of court should the assurance be broken and I do not believe that even our illustious council leader would be prepared to risk the wrath off the High Court!(Unless set up by his puppet masters).
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If this is true and the agreement is a legal one, backed by a High Court judge, that is different matter than the weasel words of a Council!
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Giving an undertaking in an injunction application is an alternative to a Defendant who does not wish or who is not able to contest the application. The undertaking is akin to a restriction voluntarily accepted by the Defendant. It has the same practical effect as an Injunction and, as noted above, breach of such an undertaking is a contempt of court.
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Thank you Jonathan, being a layman I’m glad my understanding of the law was not far out!
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Just thought you might be interested in the following quote from best selling Author Philip Pullman CBE…..Quote of the week – Philip Pullman
“Closing libraries is the behaviour of a debased culture… Libraries are not just a source of books. Many of us feel that they symbolise something more, that Britain is a civilised place. And when part of our civilisation is being destroyed, we have to stand up against the barbarians.”
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Yes,I think this is what we all feel and that is why we are so incensed that they are trying to take out librarys away from the us.
Did not need Philip Pullman to tell us what we thought already,but maybe good that he articulated our feelings.
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Once the libraries are gone, I wonder what other local services will be destroyed by the hatchet men of County Hall?
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