TAXPAYERS are facing a bill for more than £140,000 – because staff at three sports halls failed to clean the floors properly.
A Hampshire council has been rapped by a High Court judge and told to pay costs after wrongly accusing a flooring contractor of causing a safety hazard.
The council threatened to sue Titanium Polyurethane Seal (TPS) after claiming that newly refurbished floors at leisure centres were slippery and dangerous.
But TPS vowed to clear its name and took the authority to court.
Following a three-day hearing, Judge David Wilcox has blamed the council, saying its own cleaning methods were responsible for the hazard.
In a damning 15-page judgement Judge Wilcox says New Forest District Council ignored advice and used an oil-based product to remove the dirt.
He also accuses a council employee who gave evidence in the case of not being a truthful and accurate witness.
The sports halls at Totton, Ringwood and Applemore were closed for several weeks in 2005 while the council investigated the problem.
Judge Wilcox says: “The loss of slip resistance was solely and wholly the responsibility of NFDC and their neglect to follow the cleansing regime advised by TPS.”
Judge Wilcox also attacks a “loss of profits” claim by the council. He says written evidence supplied by Joanne Bailey, manager of the Applemore centre, contained two figures that were £10,000 apart.
“She was not, in a convincing way, able to show the court why there were two estimates,” adds the judge.
Describing the evidence given by Ed Pooley, assistant manager of Totton Leisure Centre, the judge says he was “not an accurate or truthful witness”.
He adds: “It is clear that when Mr Pooley was given unambiguous advice on cleaning, even in writing, he preferred to recast it and then omitted to disseminate the advice in a timely and systematic way to the cleaners.”
Following the case TPS was awarded costs of £141,000 – subsequently reduced to £105,000 following negotiations between the two parties. The council will also have to pay its own legal costs.
David Harrison, leader of the opposition Liberal Democrat group, said the judge had dismissed the council’s counter-claim against TPS. He added: “Serious questions need to be asked about why it was felt wise to pursue this case and exactly why it had such a disastrous outcome.
“Once again, local taxpayers will be picking up the bill.”
TPS is a Cheltenham-based company run by Jane Dobson-Humphries and her partner, Ralph Tustin. Mrs Dobson-Humphries said: “Ralph and I are partners in business and in life, which means we’ve lived this nightmare in both our working and private lives.”
A council spokesman said: “The council believes it acted responsibly in defending the action and at all times during the conduct of the case. The total cost to the council is in the order of £142,000.
“The council considers Mr Pooley to be an employee of the highest integrity and honesty.
“NFDC does not consider that there are any grounds for initiating disciplinary action against any of its employees.”
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