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'Brilliant' QC v GLC

7th September 1985
Page 12
Page 12, 7th September 1985 — 'Brilliant' QC v GLC
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Which of the following most accurately describes the problem?

THE COUNTRY'S top barrister has been drafted in by the Department of Transport for the lorry ban appeal court fight against the Greater London Council.

The DTp has hired Robert Alexander QC for the appeal hearing on October 7. Sources have reported him as "brilliant" and "the most expensive man you can get". Alexander is also chairman of the Bar Council. Alexander's junior for the case is Andrew Collins.

The DTp has refused to comment on the move to employ Alexander for the hearing — or whether it reflects the top priority that beating the GLC has been given.

But the GLC still seems confident of fighting off the DTp's appeal arguments because of its resounding victory over Transport Secretary Nicholas Ridley when it was taken to the High Court in July over the issue.

Then Mr Justice McNeill gave the GLC the go-ahead for its night and weekend ban for lorries over 16.5 tonnes. He condemned Ridley's direction to the GLC to hold a public inquiry before it moved to implement the ban as ``irrational".

GLC senior principle solicitor Neil 'I'hornas told C2M: "We think our case is strong". At the appeal it is up to the DTp to shoot the GLC down, and the GLC will argue that McNeill's interpretation of the law was correct," he said. But whichever side loses, it is unlikely that the matter will end there.

If the Government loses it may try to appeal in front of the House of Lords. Ridley could also try to use his reserve powers to revoke the ban — although so far, despite appeals from the industry, he has refused to.

If the GLC loses the appeal on October 7, the plan to introduce the ban on December 16 will be written off. Then the GLC will probably try to get its appeal heard in the House of Lords — and quickly. There is a race against time to get the ban brought in before the GLC is abolished next April, or the GLC will have failed altogether in its attempts.

• So far the GLC has received about 400 application forms back from operators wanting exemptions from the ban. So far none of the applications have been processed. This begins in the next week, he said.