Bristol Rovers v Sainsbury’s litigation is due to be heard at the Royal Courts of Justice, Strand, London, starting on Thursday 14th May.
Brief details of claim
- The Defendant has acted in breach of its contract with the Claimant of 28 March 2011.
- It has unreasonably refused to appeal against the refusal of its application pursuant to section 73 of the Town and Country Planning Act 1990, in spite of the Claimant’s offer to fully fund the appeal and the Claimant’s procurement of a Noise Impact Assessment and an Opinion from leading counsel that an appeal would enjoy good prospects of success.
- The Defendant has unreasonably refused to grant the Claimant consent to submit a fresh section 73 application, supported by the Noise Impact Assessment it has procured, in spite of the Claimant’s offer to fully fund such an application.
- The Defendant has failed i) to use all reasonable endeavours to procure the grant of an Acceptable Store Planning Permission as soon as reasonably practicable, in breach of clause 2.8 of Schedule 1 to the contract, and ii) to act in good faith in relation to its obligations under the contract and to assist the Claimant in achieving an Acceptable Planning Permission, in breach of clause 31.1 of the contract.
- As a result of the Defendant’s breach of contract, the Claimant has suffered and continues to suffer financial loss.
Some Rovers fans have speculated that a possible outcome of the hearing, might be that Rovers are awarded damages. Indeed, a good result for the Memorial Ground would be sufficient compensation to pay off the club’s debts and for Rovers to invest in updating this famous war memorial sports ground.
However, due to multiple uncertainties (including Rovers’ fragile financial position), the Memorial Ground may still be threatened with redevelopment that would both stop sport and rob citizens of an exceptional war memorial.
Whoever owns the site is the custodian of a heritage asset paid for by Bristolians and entrusted for sport or recreation forever. It is Bristol’s most poignant and effective war memorial – the fallen sportsmen are honoured every time sport is played there.
While the nation marks the centenary of the First World War, will the directors of Bristol Rovers, the mayor, city council, and others, take action to save this memorial site – or let it be destroyed?
Follow The Memorial Ground on twitter: @LWF1914