Fire chairman urged to go after £2.7m payout
THE chairman of Notts fire authority has been urged to resign after it was forced to make an "embarrassing" £2.7 million payout to developers involved in the sale of Dunkirk fire station.
It was revealed on Wednesday that an out-of-court settlement had been agreed and Nottingham City Council and Notts Fire Authority would give £2.7 million to Gladman Commercial Properties.
-

Darrell Pulk
The payout comes as the fire service is making firemen and staff redundant to cut costs.
"It's embarrassing," said Phil Coates, Fire Brigades Union chairman.
"Firemen are very angry, nobody has faith in the service to do a good job any more and steer us out of the financial situation we find ourselves in.
"It's bad decision, after bad decision, and it's time someone took responsibility for those failings."
He called for fire authority chairman Darrell Pulk to resign.
"Darrell Pulk is in charge, this has all happened on his watch," he said. "If I was chairman, I would walk and I think he should do the same.
"This amount of money would have stopped anyone from losing their job, and there wouldn't be the need for the cutbacks we're making. All the station cooks have just lost their jobs, now firemen can't even get a hot meal."
Gladman was taking legal action against the council and the fire authority, accusing them of making "fraudulent misrepresentation".
It came after the fire authority and council took legal action against them for refusing to complete the purchase of the station, and adjoining land, in 2007.
Notts Fire and Rescue Service, which has paid a total of £1.2 million in legal costs and maintenance for Dunkirk during the dispute, said it will launch a full investigation. It is likely to take several months.
Mr Pulk said he didn't think it was a resigning issue. "I, like others, am bitterly disappointed about how this situation has ended up. I am taking this extremely seriously. I want a full inquiry into how this happened."
Back in December 2006 Gladman Commercial Properties showed an interest in buying the fire station for £4.2 million and adjoining land owned by the council for £1.8 million.
But at the heart of the legal dispute was a statement made by agents working for the council and fire authority which suggested that 600 bedrooms for students could be built on the site of the fire station.
It was later accepted this was incorrect, but the council and the fire authority rigorously deny the statement was made in a fraudulent or misrepresentative way.
In a statement Gladman cleared any councillor or authority member of wrongdoing. It said: "GCP wish to make it absolutely clear that they accept that no member (councillor) of either Notts Fire Authority or Nottingham City Council played any part in the misrepresentations alleged by Gladman in the High Court claim."
Mr Pulk said it was because of this that he did not feel he had to resign.
The fire authority will put the site back on the market but faces a bill of £1,335 a week for securing and maintaining it.
The council said it spent less than £300,000 in legal costs fighting the case.
How the dispute unfolded
2004: Fire authority agree on plans to close down Dunkirk and Beeston fire stations and build a better station – Highfields in Beeston.
Summer 2006: Dunkirk fire station is put on the market.
December 2006: Gladmans Commercial Properties show an interest and the fire authority begin to draft up contracts, which are later approved by councillors.
2007/8: Work begins on Highfields. Firefighters stationed at Dunkirk and Beeston can't be re-allocated until the building is finished.
Early 2009: Firefighters are moved out of Dunkirk which is closed and boarded up. Fire Authority sanction paying for the site to remain secure and well maintained.
2010: Talks between the developers and Notts Fire Authority break down.
March 7 2011: After taking legal advice, Notts Fire Authority forge ahead with plans to take Gladman Commercial Properties to the High Court in London.
August: Statement which says that 600 bedrooms could be built on the land is proved to be incorrect. The High Court judge recommends all parties come to an out-of-court agreement.
October 19: A settlement is reached and city council and Notts Fire Authority agree to pay £2.7million to Gladman Commercial Properties.







8 Comments
by veggiesosage
Saturday, October 22 2011, 2:35PM
“The court case makes interesting reading. Spectacular fail by the legal team which added a big chunk onto the costs.
Also, you have to wonder how much extra extra it cost to get that statement exonerating all elected members. Seems tailor made purely to get out of anyone resigning.”
by John_Dope
Saturday, October 22 2011, 2:23PM
“So you accept that you can get bad advice. Ok, this is working now.
So let's just say that you were in a situation where you were asked to spend £2.7m on someone's behalf in a particular field. Naturally you would take advice re. the legal and financial processes yes?
Now at the time, everything's double and triple checked, and all the professional advice you receive from professionally qualified people says, "MOF, it's perfectly safe to spend that £2.7m."
You spend that £2.7m, but it goes wrong. Now, who is to blame? You, acting in good faith based on qualified professional opinion, or those parties who gave you that advice which ultimately turned out to be flawed?”
by mof_gedling
Saturday, October 22 2011, 2:30AM
“john dope "f you received bad advice off a professional such as a solicitor, or a doctor, or whatever, and that advice turned out to be wrong, and caused something bad to happen, would you be happy to accept the blame for it," nope and i wouldnt have written a 2.7 million cheque out neither,”
by John_Dope
Saturday, October 22 2011, 1:59AM
“Mof - do you mean the Hatfield disaster where the executives were cleared of manslaughter charges? Vicarious liability such as that does not apply to civil matters like this because there's no precedent.
The fact is that Mr Pulk would not have sat down and personally drafted legal documents. He wouldn't have been the one making individual phone calls to discuss the finer legal points. The Fire Authority employs people to do that - it's kind of like how these organisations work you know?
If you received bad advice off a professional such as a solicitor, or a doctor, or whatever, and that advice turned out to be wrong, and caused something bad to happen, would you be happy to accept the blame for it, even though you were acting on and signing things off based on professional opinion? Somehow I don't think so!”
by mof_gedling
Friday, October 21 2011, 11:58PM
“i dont agree john dope, if you are in charge then you should know whats going on (bearing in mind this is a tiny company compared with some conglomerates), i read a while ago where bosses of a train company were hauled up for manslaughter over a train crash,BP boss made to walk the plank even tho the gaff was made by a subsidiary company, at the end of the day he should have known and understood what was happening , thats what he gets paid for,”
by John_Dope
Friday, October 21 2011, 11:42PM
“In fairness to Mr Pulk, I think more ire ought to be directed at whoever messed up the negotiations.
I don't like this culture of Chairmen being targeted because somewhere down the line an employee/employees made an error; it's not as if they can go in and inspect every office every day to micromanage every single little procedure that's occurring. If they sign something off, they're doing it in good faith based on the advice that they've received.
I think the FBU have jumped the gun by calling for Mr Pulk to stand down, but if the articles re. the Fire Authority AGM are true where the Tories and Lib Dems failed to unseat Mr Pulk, one has to wonder whether more politically aggrieved parties are pulling the strings on this one and throwing sweets to their non-affiliated friends for indirect support.”
by mof_gedling
Friday, October 21 2011, 11:14PM
“the whole thing still stinks, gladman went to court over a "fraudulent" claim (made off the record) that 600 bedrooms could be built on the fire station land, surely it was up to gladman to work out exactly how many bedrooms they could achieve, if it was me i would have gone back to said fire service and council saying " ere,you told me i could get 600 but even allowing for short students at an average of 5 foot i can still only squeeze in 450, i think we need to re-negotiate the deal"
but what is stopping them building higher ? you could get more than 600 bedrooms if you built as high as the twin towers ,maybe the council had set a height limit on the site ? we dont know,
all that we do know is the council didnt think it mattered not to call their own key witness due to the fact he no longer worked for them,even the judge stated "It cannot be overlooked that if Mr Jones had been proffered as a witness before the trial the trial might not have taken place at all.",
there are still loads of unanswered questions, why did our council pay up out of court ?, why wasnt mr jones procurred at the first instance ? why didnt they reach a settlement in the design stages ?
i once bought a 3 bed house, the third bedroom was so small i had to cut down a single bed in order to get it in there, did i sue for fraud ?”
by mof_gedling
Friday, October 21 2011, 10:39PM
“"Mr Pulk said he didn't think it was a resigning issue",it happened on your watch, your in charge,your responsible,the buck stops at you mr pulk, bye bye.”