A LEGAL dispute over the finances of Bembridge Harbour Authority has been lost by its opponents.

The substantive hearing was brought by Bembridge Harbour Trust with Jeremy Gully as chairman, against Bembridge Harbour Authority (BHIC), at the High Court in London on March 23.

The matter has been fought for years.

The hearing, released on May 18, found in favour of BHIC.

Malcolm and Fiona Thorpe, of BHIC, said: "BHT disputed the financial affairs of our companies together with our continuous and on-going investment into the harbour by wanting to interrogate BHIC’s accounts – but completely failed to convince the judge with a ‘cloud of general suspicion, mistrust and innuendo’ that was not accepted. 

"The judge’s conclusions accepted the factual basis provided by us and dismissed in full all claims promoted by BHT and mirrors all previous court decisions found against BHT and casts serious doubts as to not only their interpretation and understanding of English law but also their totally unjustified criticism of our management of the harbour.

"To defend ourselves against all these legal challenges has cost well in excess of £160,000, yet our awarded costs for reimbursement will be less than £12,000 from BHT.

"BHT’s original intervention since 2011, further exaggerated by Jeremy Gully as chairman from 2015, has put the regeneration and recovery of the harbour back by at least seven years, if not more.

"We now hope that as a result of all the legal challenges and judicial reviews that BHT has promoted and achieved nothing, that all present trustees including Jeremy Gully act properly and resign.

"A forward-looking committee of trustees to work alongside BHIC would bring some badly needed fresh air.

"We are now looking forward to commencing construction of our new admin and facilities complex to be completed by Easter 2024 – dredging the visitors’ pontoon and fairway this autumn – continuing our on-going entrance channel widening and dredging programme – and continue our future investment programme for the benefit of all harbour customers." 

BHT trustees told the County Press: "We are disappointed by this decision, not only by the judge’s findings on the limited questions in front of her but also for its implications on the ability for the community to hold the harbour authority to account on use of its funds.

"The decision has had at least one positive outcome: it affirms that the Local Harbour Act in general, and section 31 in particular, applies with full force.

"This puts an end to argument by some members of the community that the harbour legislation does not apply to Bembridge because it is privately owned."

They said they are considering an appeal.