(a) Town Councils are political in nature and intended to be managed by the elected Members of Parliament (MPs) with little intervention from the Government.
(b) Subject to the duties and remedies set out in the Town Council Act (TCA) and Town Council Financial Rules (TCFR), the accountability of the MPs are to the constituents who voted them in.
(c) The Plaintiffs’ sole basis for their claims in the 2 Suits are the KPMG and PWC Reports. The Plaintiffs have no personal knowledge of the facts and circumstances existing at the material time when the 1st to 5th Defendants made the decisions and carried out the actions which are being impugned in the 2 Suits.
(d) The appointments of FMSS, FMSI and the third-party contractors and the payments that were made to them were done in accordance with the processes in AHTC and with the consent and approval of all the Town Councillors. There is nothing improper about these appointments and payments.
(e) The 1st to 5th Defendants owe no fiduciary duties to AHTC, only statutory duties under the TCA and the TCFR, which the 1st to 5th Defendants have acted in accordance with.
(f) At all material times, the 1st to 5th Defendants acted in good faith and in the best interests of the residents.”
You can download the full text of the Opening Statement as tendered to Court here: 2018.09.28 – D1 to D5 Opening Statement (1 October 2018 – tendered to Court)