Clan Chief Wins Gate Expenses
The issue of a controversial gate has left Highland Council with the bill for the legal expenses of a Clan Chief.
A clan chief has won expenses after a local authority took legal action against him over a gate allegedly blocking access to a council-owned car park at a beauty spot.
But Highland Council were today found liable to Alexander Brodie of Brodie, the 27th Clan Chief of Brodie, for costs in the case as a judge recalled an interim interdict granted against him more than two years ago.
The local authority told the Court of Session in Edinburgh that it was putting forward a minute to abandon the proceedings against him.
Its counsel, Graham Dunlop, told Lord Uist that Mr Brodie was not the owner of a stretch of road and the local authority did not want to pursue the action involving him further, but may raise fresh proceedings.
After the brief hearing Mr Brodie, who spends his time between France and Scotland, said: "It has gone on for two years.
"It is ludicrous."
Mr Dunlop told the court that the case had "quite a rich history".
In 2012 a gate was put up at a private road which led to the council owned car park at Kingsteps, at Nairn, in Moray.
Mr Dunlop said the private road was understood to be partially owned by Mr Brodie.
The court heard that the owner of the road was a family trust and Mr Brodie was entitled to take ownership but there was a dispute with trustees.
Mr Dunlop said: "The defender (Mr Brodie) is not the owner of the road.
"Highland Council is seeking to abandon against the defender and to raise fresh proceedings."
The counsel said the main submission made by the local authority was that it was a public right of way.
The road was used to visit an RSPB sanctuary and a beach and served a few houses.
The local authority originally secured an interim interdict against Mr Brodie at Inverness Sheriff Court prohibiting him obstructing access by vehicles, foot, pedal cycle and horseback to and from the car park.
Mr Brodie told the court that he had been approached by local residents about closing the gate.
He said after the court hearing that there had been complaints about drug taking, noise, overnight stays and dog fouling in the area.
He said a rave had been held at the beach which disturbed the birds at the reserve and left rubbish scattered all over the place.
Mr Brodie asked Lord Uist to recall the interim interdict previously granted and said that as the council were abandoning he saw "absolutely no reason" for it to remain.
The judge said: "I can't see how a party offering to abandon can hold an interim interdict."
Lord Uist said he would allow the minute to abandonment to be received and gave two months to Mr Brodie to lodge an account of expenses.
The action can only be formally dismissed when the expenses have been paid.
After the hearing Mr Brodie said: "There are two sides to this.
"I think the residents and the council should put their heads together and come up with a solution."
The clan chief was previously involved in an unsuccessful action at the Court of Session along with his younger brother Edward-Benedict and sister Phaedra in a bid to wrest control of Brodie Castle back from the National Trust for Scotland.
Their late grandfather, Ninian, the 25th Brodie of Brodie, had passed it over to the trust via the Scottish Secretary.