College "Deal" - possible Judicial Review

As many readers will know, some of us campaigners have been questioning the legality of Sandwell MBC subsidising Sandwell College and also the level of cost involved in vandalising a beautiful tax-payer-funded iconic building, The Public. Both SMBC and SC have chosen to keep all but the barest details secret but suffice to say here, that SC is not part of SMBC but a completely independent party funded by central government and it would appear that SMBC has chosen to deal with SC to the exclusion of all others. Further, SMBC has disapplied its own procurement rules to award the contract for the destruction to Sandwell Futures Limited, a Company in which it has a shareholding - again to the exclusion of all others.

Like many others, I consider The Public to be a work of art in itself and a tremendous asset to West Bromwich. Despite press releases to the effect that there will be some general arts provision in the building and some public access, all the indications are that this is "spin" - it is apparently already planned to rip out the bottom part of the ramp, the theatre etc and the public (who paid handsomely for this building) will be excluded from most of the building bar the reception and cafe.Quite frankly, when the building has been wrecked as apparently planned it will have lost its aesthetic integrity in any event.

Many who have read my twitter feed @bcrover will now that some of us have consulted lawyers regarding all this (and in respect of the fact that SMBC claim they do not need planning permission to rip the heart out of this major public building).

We have had discussions with leading public law lawyers, Leigh Day & Co who are based in London about seeking a Judicial Review of the decisions being made by SMBC AND the College who are also tax-payer funded. Leigh Day have an excellent reputation. Regretably it is now very difficult to get Legal Aid for this type of thing and so Leigh Day wish to instruct a barrister to advise on the prospects of bringing a case. Of course, if the decision in unfavourable that is the end of the matter from the legal point of view and our group will just have to continue to expose the true costs involved as they become known. In effect the £1,800 will have been wasted. If the barrister advises favourably, Leigh Day will then consider a conditional fee agreement - what is popularly known as a "no win, no fee agreement - to bring a case which will provide protection against any adverse costs orders in any court action.

We have a quote from Leigh Day of £1,500 plus Vat ie £1,800 to get the barrister's opinion and our group is asking here if you can help fund this through one of the options set out below. This has now all become very urgent as SMBC grab back the building on 29th November. We are having final discussions with Leigh Day on Friday but need to start getting the funding in place as a matter of urgency (we have had a number of pledges of support). We propose the following:

(1) If you want to get involved please send a cheque for £5 or multiples thereof (whatever you can afford) made payable to "Leigh Day & Co" to the address below. Please write your name and address on the back of the cheque and also supply an e-mail address. Watch @bcrover on twitter and this blog for further info. If you require a receipt please supply a sae.

(2) If you wish to remain anonymous please just send a cheque payable to "Leigh Day & Co" (minimum £5) without an address on the back.

IT IS VITAL that you understand that there is a VERY SUBSTANTIAL risk that you will not recover your payment even if the case is ultimately successful. We are only funding a Counsel's Opinion here and not the legal action which will either be no win, no fee or not at all unless one of us wins the EuroMillions. There is a distant possibility of these costs being included in the legal costs IF the case is ultimately won and in that case, you will be re-paid pro-rata depending on the figure recovered. Anonymous donations will be repaid pro-rata to a local arts based-charity to be decided in due course.

We intend to call this campaign "In The Public Domain" and any twitter from me about this will start ITPD. As this matter is very urgent a couple of benefactors have offered to lend sums to the campaign to pay the legal fees on the basis they will be repaid as payments come in (although they also propose to make donations to the cause as well).

If you send a cheque and, for any reason, the decision on Friday is not to go ahead I will shred all cheques and advise via twitter and this blog. It will have just cost you a stamp. Sorry to do this via old fashioned methods but there are technical difficulties in setting up accounts etc to deal with this and we are just talking about a one-off fee anyway. If you have any queries, please follow on twitter and send DM or comment on this blog. Thanks for taking the time to read this.

To start the ball rolling I am chipping in £300.

MAKE CHEQUES PAYABLE TO "LEIGH DAY & CO"

POST TO:  VERNON GRANT, BOX 374, 27 COLMORE ROW, BIRMINGHAM B3 2EW