One of Scotland's richest women who won a landmark court battle over access to her castle grounds was yesterday awarded judicial expenses.
One of Scotland's richest women who won a landmark court battle over access to her castle grounds was yesterday awarded judicial expenses.
The Ramblers' Association Scotland and Perth and Kinross Council have been ordered to pay Stagecoach founder Ann Gloag's legal costs for the case, which The Herald understands could be £200,000.
Last month Mrs Gloag, who is worth an estimated £395m, persuaded a court to prevent people walking on her land around Kinfauns Castle in Perthshire. The Ramblers' Association and the council had contested the action, claiming areas of the grounds should be open to the public.
Mrs Gloag was the first private landowner to seek exemption from right-to-roam laws. She now plans to donate the judicial expenses she receives from the case to charity.
The expenses were awarded to Mrs Gloag by Sheriff Michael Fletcher, who sits at Perth Sheriff Court and heard the original case. A spokesman for Mrs Gloag said the money would be split between Rachel House in Kinross, which is Scotland's first children's hospice and The Princess Royal Trust for Carers (Scotland).
"Mrs Gloag intends to give any expenses awarded to charity," said the spokesman.
The Ramblers' Association Scotland said that they would be taking up with the Scottish Executive the issue of costs associated with the case.
Helen Todd, access campaign officer, said: "We do not yet know the actual costs but we have considerable concerns that there is speculation they might be up to £200,000.
"These are the kind of costs one would expect in a case that has gone to the House of Lords, not Perth Sheriff Court in a case which is testing rights of access over just four acres of woodland.
"If substantial costs are being awarded against ourselves and Perth and Kinross Council, it raises serious concerns over access to justice for local authorities, local communities, outdoor recreation bodies and other charities.
"There is a serious risk of limiting access to the courts on right-to roam legislation to those who are very rich."
A spokesman for Perth and Kinross Council said it had not decided whether to appeal against the expenses ruling.
The Land Reform Act, which enshrines the right-to-roam law, was one of the first flagship policies of the Scottish Parliament. However, in a 34-page judgment on Mrs Gloag's case, Sheriff Fletcher said the "nature of the building and its prominence" meant a larger section of surrounding land was required by her to ensure her privacy and enjoyment of the house.
Mrs Gloag, 64, a former nurse who made her fortune with the success of the Stagecoach Group bus empire, said at the time she was delighted that the sheriff had recognised the importance of the right for everyone in Scotland to enjoy reasonable privacy within their own homes.
Meanwhile, the Press Complaints Commission (PCC) announced yesterday that it was not upholding complaints from Ms Gloag about articles which appeared in two Scottish newspapers.
She had complained that the Scottish Sun and Perthshire Advertiser had identified her in connection with reports of the arrest of her son-in-law for the assault of her daughter.
She argued that she should not have been named and complained to the PCC. In its adjudication yesterday, the commission said that it agreed with the newspapers' view that Ms Gloag was relevant to the story and as such did not uphold her complaints.
