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Ramblers Statement on Kinfauns Judicial Expenses Award

5 July 2007

News Release

The Ramblers’ Association Scotland commented today that, following the awarding of judicial expenses to Mrs Ann Gloag of Kinfauns Castle in the recent case at Perth Sheriff Court, the association would be taking up with the Scottish Executive the issue of costs associated with these cases.

Helen Todd, Access Campaign Officer, said:

We do not yet know the actual costs, but we have considerable concerns that there is speculation that the costs might be up to £200,000. These are the kind of costs one would expect in a case that has gone to the House of Lords, not Perth Sheriff Court in a case which is testing rights of access over just 4 acres of woodland.

If substantial costs are being awarded against ourselves and Perth & Kinross Council, it raises serious concerns over access to justice for local authorities, local communities, outdoor recreation bodies and other charities. There is a serious risk of limiting access to the courts on right to roam legislation to those who are very rich

As a result, we may have to take up this issue with the Scottish Executive to investigate whether some kind of protection against excessive costs can be brought in for right to roam cases. This kind of protection already exists in certain public inquiry situations, and in England when parties are acting in the public interest.