With special thanks to George Laurence KC and Russell Cooke, Solicitors.
Here is the letter from Russell Cooke to London Borough of Merton dated 31 July 2023.
AELTC application to develop Wimbledon Park Golf Course
London Borough of Merton 21/P2900
Wandsworth Council 2021/3609
We are instructed by on behalf of WPRA and The Wimbledon Society to respond to your letters to those organisations of 12 July 2023. Following submissions (the Submissions) provided to the Council by those organisations on 12 and 13 April 2023 respectively, three months have passed in which the Applicant has clearly undertaken extensive researches and commissioned two opinions from leading counsel supporting its position that to consider a statutory trust to exist over the application land would amount to an error of law.
By contrast those raising the Submissions have been given only 21 days to respond. Although the material submitted by the Applicant is voluminous and the legal analysis intricate, we are instructed to respond within the deadline set.
Although generally we do not consider it helpful to use the opinions of Counsel as representations, as the Applicant has done, we would not wish Merton or Wandsworth Councils to be left with the impression that the legal analysis which it has put forward is correct. Accordingly we have obtained and provide the opinion of Mr George Laurence KC. We do this on the basis that we do not waive legal professional privilege in any communications or other documents beyond the opinion itself."...read more