Solicitor questions legality of Skye bridge toll
23 Nov 05
Highland Council legal chief says licence "questionable" if it was not signed
Highland Council's chief solicitor Alan Simpson has questioned the legality of the licence under which tolls were levied on the Skye Bridge.
Campaigners maintain that if it the courts accept that the licence was illegal, 130 criminal convictions against those who refused to pay the tolls should be quashed. Several haulage firms are also seeking repayment of more than £1m paid in tolls from the opening of the bridge until the recent decision to buy out the tolling agreement.
The main thrust of the campaigners' argument is that as the assignation statement granting the authority to levy tolls was unsigned and undated, it could not be regarded as a legal document.
The campaigners had approached Alan Simpson through Councillor Drew Millar. In a letter to Mr Millar, Mr Simpson said he thought there was "a question which can legitimately be asked" about the validity of the tolling licence, if it was unsigned.
He added that Scots law meant it was possible to create a contract without writing, but it would be questionable how this contract could confer obligations on third parties to pay money. However he could not express a firm view without further information.
Mr Millar said that he was was awaiting a further explanation from the Scottish Executive, who bought the bridge from the contractors in 2004 and ended the tolls system. He added that the whole issue needed cleared up once and for all.