Thursday, 7 July 2011

Lawyer has forced Cheshire West and Chester Council to back down over a ‘gagging clause’

Ex-lighting engineer Paul Cardin is now free to request information from the council thanks to a successful legal challenge put together by his barrister Hugh Tomlinson QC, who represented the Manchester United star in the super-injunction case.

During his employment, Mr Cardin had raised concerns about a manager, sparking an external investigation.

Simon Goacher, the council’s head of legal services, responded to a letter from Mr Cardin’s solicitors by accepting he can now make such requests but not that the clause is unlawful.

Council leader Mike Jones confirmed in a letter to Mr Cardin, from Wallasey, that the authority may employ similar clauses again in future.

Mr Cardin, a Falklands War veteran, said: “Cheshire West and Chester Council’s long term attempt to muzzle an ex-employee and prevent them from asking important questions collapsed today.”

He added: “Despite the cave-in, they continue to maintain the clause banning FOI/DP was somehow ‘lawful’.

My comment: CWaC Council caved in when faced with proving Mr Goachers argument, that the gagging clause was lawful. The last thing they needed was case law proving them wrong because they wouldn't be able to threaten others with such a clause in the future. CWAC should be ashamed of themselves for resorting to such dirty tricks. CWaC Council is typical of all bullying organisations, threaten people then back down when their bluff is called.

Read the full story from the source Chester Chronicle

Read more about Paul Cardin's battle against gagging clauses.

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