Council to fight Miller case costs
Reporter: Richard Hooton
Date published: 25 February 2010
OLDHAM Council is to appeal a judge’s decision to order the authority to pay the costs of the bungled Vance Miller fraud trial.
Judge Jonathan Foster QC threw the case out of court saying it was “misconceived from the start” and the prosecution was “an abuse of the process of the court.”
He later ruled that it was a “matter of general principle’’ that the council and not central government should pay the massive costs bill, estimated at around £5 million, because of the way the case against the businessman was handled.
He rejected pleas from council lawyers to not be “unduly punitive” on the people of Oldham.
The defence teams for all defendants in the case have been granted extra time to produce their costs application with the case adjourned until April.
But council chief executive Charlie Parker said: “We don’t believe that the local council taxpayer should foot the bill.
“We are extremely disappointed by the judge’s ruling and will be putting forward a very robust appeal through Jeremy Morgan QC, an eminent lawyer in the field of costs appeals.
“There has been a lot of idle speculation and rumour about costs. Residents should be reassured that Oldham Council has insurance cover and will in any case defend itself rigorously against any claim for costs, compensation or damages.
“I do not believe that the constant press speculation around these matters is either accurate or correct, and it is important that residents understand that there is no likelihood of such claims resulting in an increase in Oldham’s council tax.”
The trial was due to last six months and was hailed as the largest, most expensive fraud case ever brought by a Trading Standards authority in the UK, but it collapsed in its 17th week.
Mr Miller (44), from Ramsbottom, was cleared along with co-defendants Nichola Brodie (33), from Ramsbottom, Sadiya Hussain (29), from Milnrow, and Alan Ford (45), from Ashton.
The kitchens boss, whose base is at Hathershaw’s Maple Mill, has stated he will sue the council for damaging his business and reputation.
Head of Oldham Trading Standards, Tony Allen, has been suspended ahead of a review of the case, being conducted by Stewart Dobson, a lawyer and former acting chief executive of Birmingham City Council.
According to Chambers, the UK’s leading legal authority, Mr Morgan is the top-rated lawyer in his field.
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