I was not present at today's Executive Board meeting where the libel proceedings were being discussed but there is an early report from the Carmarthen Journal which I have copied in full below.
I have to assume that as I have one ground of appeal relating to Mr James' counterclaim still ongoing a rubber stamp is required for further council funding. Hence today's discussion and further 'justification' for the ears of the Wales Audit Office.
The publication of the WAO report concerning the unlawful payments (one of which is the libel indemnity) is imminent.
Aside from the fact that I have always felt justified in my criticism of the council - and do not forget that this council has a 'special' amendment to its constitution to enable it to fund libel claims - there are two points I must take issue with in the report below.
Firstly, Cllr Madge says that'an out of court settlement was considered but Mrs Thompson declined to discuss it'. I am not sure what Cllr Madge and the nine Exec Board members have been told, or actually shown, but 'discussions' went on, to and fro, for the entire length of the litigation.
I did not 'decline to discuss' anything, this is very misleading, as the senior council officers involved must be very aware.
The correspondence was detailed, complex and sensitive and, to give an example, the council insisted on a gagging clause throughout.
Clearly the details of the correspondence between the parties will have to be disclosed.
The council refused to accept offers to settle on reasonable terms as early as 2011, before the counterclaim was issued.
The second point is the comment '...the legal action against Mrs Thompson of Llanwrda “was not somewhere we (the council) wanted to go but we were proved right.” So, according to the Leader of the council, it was 'we', the council who sued me in the counterclaim - so were they funding Mr James' personal counterclaim to circumvent the 'Derbyshire Rule' that a government body can't sue for libel?
That would be an abuse of process.
Nobody needs to justify criticism of a 'council', Cllr Madge clearly has no understanding of the basics.
Here's the article;
I have to assume that as I have one ground of appeal relating to Mr James' counterclaim still ongoing a rubber stamp is required for further council funding. Hence today's discussion and further 'justification' for the ears of the Wales Audit Office.
The publication of the WAO report concerning the unlawful payments (one of which is the libel indemnity) is imminent.
Aside from the fact that I have always felt justified in my criticism of the council - and do not forget that this council has a 'special' amendment to its constitution to enable it to fund libel claims - there are two points I must take issue with in the report below.
Firstly, Cllr Madge says that'an out of court settlement was considered but Mrs Thompson declined to discuss it'. I am not sure what Cllr Madge and the nine Exec Board members have been told, or actually shown, but 'discussions' went on, to and fro, for the entire length of the litigation.
I did not 'decline to discuss' anything, this is very misleading, as the senior council officers involved must be very aware.
The correspondence was detailed, complex and sensitive and, to give an example, the council insisted on a gagging clause throughout.
Clearly the details of the correspondence between the parties will have to be disclosed.
The council refused to accept offers to settle on reasonable terms as early as 2011, before the counterclaim was issued.
The second point is the comment '...the legal action against Mrs Thompson of Llanwrda “was not somewhere we (the council) wanted to go but we were proved right.” So, according to the Leader of the council, it was 'we', the council who sued me in the counterclaim - so were they funding Mr James' personal counterclaim to circumvent the 'Derbyshire Rule' that a government body can't sue for libel?
That would be an abuse of process.
Nobody needs to justify criticism of a 'council', Cllr Madge clearly has no understanding of the basics.
Here's the article;
'Leader of Carmarthenshire Council Kevin Madge has said no member of the public has a right to criticise the authority without justified reasons.
His comments come after blogger Jacqui Thompson Council lost a High Court bid last month to all further grounds to appeal a lost a libel case against the council’s chief executive Mark James.
Speaking at a meeting of the council’s executive board, Mr Madge said: “Nobody has the right to say what they want about the council.
“We are here to be held to account yes and that is fine.”
He added the case proved “enough is enough” and criticism of the council has to be justified.
He added the legal action against Mrs Thompson of Llanwrda “was not somewhere we (the council) wanted to go but we were proved right.”
Mr Madge said an out of court settlement was considered but that Mrs Thompson declined to discuss it. It follows the judgement last this year by Mr Justice Tugendhat who dismissed Mrs Thompson’s claim in its entirety and upheld Mr James’s counter claim for libel, awarding him £25,000 damages. Claims of corruption made against Mr James by Mrs Thompson were dismissed.
She faces a bill of around £230,000. This includes £190,000 to cover the council’s legal defence costs and £41,000 for the council’s counter claim.
She has been ordered to pay the substantial amount after losing her action against the council and its chief executive Mark James.
Last month Mrs Thompson said the appeal hearing in December was “another devastating blow” and she will have to live with the judgement and costs — but will never agree with the judge’s findings.'
http://www.carmarthenjournal.co.uk/Council-leader-Public-t-criticise-authority/story-20405501-detail/story.html