A WRONGLY raised Clameur de Haro has cost the parish of Trinity £70,000 in legal fees.
The ancient injunction was brought by Nikki de Gruchy following a branchage dispute with the parish on Rue Becq, as the parishioner claimed the road had been illegally widened over the years and encroached on her land.
But the Royal Court struck down the move, which was described as a “flight of legal vanity”, last month.
Counting the cost at a parish assembly this week, Constable Philip Le Sueur said Trinity had received and paid invoices for legal costs totalling £78,750, of which around £70,000 related to the Clameur de Haro and subsequent proceedings. These invoices also included around £10,000 for branchage issues.
The cost was met from parish reserves, following a majority decision with only one person voting against.
Mr Le Sueur said that an application was being made to the Royal Court asking for these costs, and those of subsequent proceedings, to be met by Ms de Gruchy.
“While the parish will do its best to recover legal costs relating to any order in its favour, some costs will inevitably be irrecoverable, and it may take months to realise the payment of recoverable costs,” Mr Le Sueur said.
“As no provision was made in the 2023 to 2024 budget, approved in July 2023, for these and future costs, the parish assembly’s approval is being sought for payment out of reserves.”
Parishioners had the opportunity to ask questions at the assembly, some of which were answered by Trinity’s legal representative, Advocate Christopher Scholefield. One was from Ms de Gruchy, who asked why the parish’s legal costs were more than three times higher than her own. The assembly heard that this was because the parish was unable to narrow down the issues of contention with her to the Clameur de Haro or ownership of land, so it was a more expansive exercise, requiring evidence for both.
Around 80 people attended the assembly, at which it was also agreed to transfer £25,000 from reserves to the roads account to meet all costs resulting from Storm Ciarán and other unexpected expenditure on the parish roads. Parishioner Desmond Hinault praised the honorary police for their help during the storm, clearing the way for the emergency services.
One of the first matters on the agenda was the election, for a three-year term, of three principal members of the roads committee and two roads inspectors for each of the parish’s five vingtaines.
The Constable thanked all those who had held these offices for the past term, which included Chris Bright and John Drelaud who were now standing down.
Four nominations were received for the post of principals of the roads committee with a ballot resulting in the re-election of Norman Le Maistre, Alan Dunford and Barry Fossey. The unsuccessful candidate was Ms de Gruchy.
Roads inspectors elected were John Edward Le Maistre and Laurence Agnes (Ville-a-L’Eveque), Basil Jeanne and Peter Barette (Rozel), Sally Stein and Mo Le Var (Rondin), Barrie Dorrington and Barry Rondel (Augres) and John Le Sueur Gallichan Jnr and Jonathan Le Maistre (Croiserie).
As it was the last assembly of the year, the Constable wished everyone a happy Christmas and expressed his thanks to his parish team including the staff, honorary police, roads committee, rates assessors and his wife, Angela, and family for their support. He, in turn, was thanked by John Howell.
