Olympics organisers under legal action threat
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By Chris Tindall
LONDON LAW firm Bindmans says it is “poised” to take legal action against Olympics organisers and Transport for London (TfL) on behalf of 50 businesses, including hauliers, for not establishing compensation arrangements.
It claims the Olympic Delivery Authority (ODA) and TfL have “failed to discharge legal duties to acquaint themselves with the circumstances of the affected businesses”, and have not helped out with relocation or other measures to mitigate their plans to restrict vehicle movements during the Games.
The move comes as family haulier Essex Flour & Grain – one of the 50 firms affected – is pursuing an additional claim against the London Organising Committee of the Olympic Games (Locog). The haulier is seeking compensation after Locog failed to help relocate its business, leaving it vulnerable to closure.
“Like other businesses in Hackney, we are left to plan our own survival prospects,” says chief executive Michael Spinks. “I have to plan my own relocation, and I have a legal case against Locog going through the Lands Tribunal. We will survive; but not everyone will.” Bindmans says all of the affected companies are dependent on road access to make and receive deliveries and that their clients claim the planned closures will make operating “near impossible” , thus threatening their existence.
“Even if the average delays TfL says it anticipates are accurate, it would still be very serious, but we expect far worse,” says Graham Phelps of Phelps Transport.
“We have instructed Bindmans to prepare for an urgent judicial and statutory review of the plans, and the orders have just been made to put them into effect.
“We have little choice but to go to law to protect our futures and those of our employees.
“But TfL and the ODA do have a choice – they can accept our offer to try and find a practical solution in talks organised by an independent mediator. We urge them to agree to at least that.” Speaking on behalf of all three parties, an ODA spokesman says: “Engagement with businesses affected by the Games has gone far beyond our statutory obligations. At every stage in making the orders, the ODA has acted in accordance with proper procedures. Businesses and residents were first made aware of these changes last summer and a formal consultation period began in November 2011. While we appreciate that these changes will mean these businesses operate differently during the Games, we are confident the comprehensive programme of engagement has given them every opportunity to adapt ahead of their implementation.”