Issue - meetings

The Chair introduced Rosalind McCarthy of Bates Wells & Braithwaite, the new legal advisors to the Trust.

The Chair raised an item of business – potential litigation against Howard Kennedy, and the request from the Board to investigate the likely cost and feasibility of pursuing a claim.  Preliminary discussions had been held with Bates Wells Braithwaite, who had advised that to assess this properly they would need to understand very precisely the claim to be investigated.  Rosalind McCarthy advised that costs needed to be kept proportionate and any investigation / scoping work carried out by the company would incur costs. 

Councillor Hare and Councillor Williams expressed interests in continuing the possibility of exploring potential litigation, as there could still be issues to be addressed.  Councillor Hare suggested that interested Members of the Board could work together to frame the questions to be asked, without incurring expense.  This would provide a list of questions for BWB to assess.  Duncan Wilson added that providing succinct questions would lead to a better assessment with regards to the likelihood of success.

Councillor Demirci added that if this work was to be carried out by Members of the Board then it should include all Members.

The Chair proposed that the Board Members work together to agree specific wording – this would be carried out via email, and the item covered under the exempt part of the next meeting.  If Members could not come to an agreement via email, then a special meeting would be convened.  The Chair agreed to lead the process.

RESOLVED

i.                                That in respect of the pursuing of potential litigation against the former Trust Solicitors - Howard Kennedy, and the likely cost and feasibility of pursuing a claim, that Members of the Board work together to agree specific wording to frame the questions to be asked (to be carried out via email) , and the finalised questions be considered as an exempt matter at the forthcoming Board in November 2012, or if it were not possible to seek agreement by email, then to convene an informal meeting to agree such wording, to then be reported to the Board in November 2012; and

ii.                              That Bates Wells Braithwaite’s initial advice on the likelihood of success and the likely cost of pursuing any claim should be commissioned on the merits of the case once the question had been framed, and that the cost of obtaining this advice for consideration by the Board should be kept to a minimum.