Bypass campaigners could lose £100k in 'high risk' court fight

There are fears the long-awaited 395 million project could be delayed by a least a year while the Road Sense action proceeds through the Court of Session in Edinburgh.

But yesterday a leading member of Road Sense said it would be taking steps to limit any financial penalty should it lose a court action which could involve legal costs of 100,000.

The Road Sense case has now been formally lodged at the Court of Session, challenging the legality of Scottish ministers' decision to approve the new 28-mile long ring road.

The protest group has identified several grounds for its legal challenge, including the ministers' decision to restrict the scope and remit of the public inquiry into the Aberdeen Western Peripheral Route and an alleged violation of the European habitats directive.

Road Sense's Sheona Warnock said it was confident of victory. But she revealed: "We also plan to apply for a protected expenses order to try to limit our liability in terms of what might happen if we lost. It is obviously a hugely risky thing to undertake.

"We have funds in place to cover our own legal costs. And we hope a legal expenses order will be granted, so we would at least have some way or protecting ourselves from the huge impact should we lose and have to pay the costs of the other side.

"We are an unincorporated body and, as we understand it, office bearers would be personally liable for that loss. We think it is quite important that we make sure we get some form of financial capping and know then what we might have to pay out. It is the fear of the unknown which concerns us greatly."

Ms Warnock said, however, that the group was confident. She said: "We are hopeful of success. All along we have felt that the processes have not been fair. The restricted remit of the inquiry meant that there was no open discussion of the options.

"We also believe there wasn't a proper balancing exercise at the inquiry – balancing the huge devastation that the road will cause versus the benefits."

She stressed that the decision to mount a legal challenge was not a deliberate attempt to delay the scheme. "We would hope we would get the case heard as soon as possible," she said.

Brian Adam, the SNP MSP for Aberdeen North, who is a leading supporter of the bypass, called on Road Sense to withdraw its challenge.

He said: "I certainly hope that there will be no real hold up and that, if there is to be a hold up, it is a very short one. I think Road Sense has had plenty of opportunities to have its case heard.

"There was a long and very detailed public inquiry. Its views were heard and rejected."

A Transport Scotland spokeswoman said: "We are aware a legal challenge has been lodged. We will consider the terms of the challenge."