Farmer’s legal claim against Fenland Council for demolishing piggery is struck out by judge
PUBLISHED: 16:38 13 January 2014 | UPDATED: 16:38 13 January 2014
A farmer’s legal claim against Fenland District Council has been struck out by a judge.
Richard (Leonard) Fulcher’s claim for £270,075 was lodged in relation to enforcement action that took place in August 2006.
Mr Fulcher claims the council acted illegally in burning down a building at Foul Anchor, near Wisbech, which housed pigs.
The council had alleged, in 2006, that the structure was in fact a house under construction and enforcement threats were followed by the council razing it to the ground.
Mr Fulcher has always insisted the council acted illegally.
However, a council spokesman said this week: “It was struck out at Norwich County Court on Tuesday, January 7.”
The council says it was awarded £18,689.16, including interest to date, for the cost of the direct action.
“The court also awarded Fenland its legal costs,” said the spokesman.
“There is currently an injunction in place which prevents Mr Fulcher (whether by himself or by instructing or encouraging any other person) from pursuing any conduct which amounts to harassment of the councillors of Fenland District Council, whether in his own name or through his business The Middleton Private Trust.
“It also prevents him from corresponding by any means with the councillors of Fenland District Council, whether in his own name or through his business The Middleton Private Trust.”
Mr Fulcher says he will continue to challenge this ruling and other recent court actions, relying on a judgement from a year ago, which awarded him damages.
He has since continued to challenge councillors and officers, threatening them collectively and individually with legal action.
Since the injunction councillors have received further letters from Mr Fulcher and have forwarded them to Fenland Hall. It is not clear whether they breach the terms of the injunction.
Council leader Alan Melton said the authority’s latest statement about Mr Fulcher had been issued after taking advice from both external solicitors and the council’s own insurers.