Cheshire West and Chester Council faces court case

May 19 2011 by David Holmes, Chester Chronicle

LEGAL action is set to go ahead against Cheshire West and Chester Council over a ‘gagging clause’ signed by an employee on leaving the authority.

Paul Cardin, a former lighting engineer, had previously raised allegations about a senior council manager, sparking an external investigation.

On leaving the authority in September 2009 he signed a compromise agreement which included a ‘gagging clause’, waiving his right to approach the council with an Freedom of Information Act or Data Protection (DP) Act request.

Mr Cardin has now hired London-based Collyer Bristow Solicitors who gave the council the opportunity to avoid legal action by declaring its position ‘unlawful’ by last Friday but this had not happened.

Mr Cardin, writing on his campaigning website, wrote: “Litigation will go ahead. QC now preparing written opinion on the merits of the case.”

The council has asked for more details on the grounds for the action but Mr Cardin said there was no onus on him to comply with that request which he described as ‘a ruse to play for time’.

The council insists the compromise agreement signed by Mr Cardin is ‘entirely lawful’ and was agreed by his legal representatives.