Council persuades court to strike out claim over aborted snow centre

Middlesborough Borough Council has succeed in having a legal claim against it by the developer of a proposed snow centre struck out by the Business & Property Court.

A council statement said the Leeds Business & Property Court confirmed the strike out of the claim brought against it by developer Subzero (Middlehaven) Ltd, which was to have built a snow centre in the town.

The statement said: “Middlesbrough Council has therefore not been found at any fault and maintains its position that had the case proceeded to trial it would have successfully defended the claim.

“Middlesbrough Council is now in the process of recovering its costs from Subzero (Middlehaven) Ltd having been awarded such.”

The council ended its injunction application against Subzero (Middlehaven) Ltd on the basis that injunctive relief remains an option if there is a breach of contractual obligations by Subzero.

A Middlesbrough spokesman said: “The council was happy to support proposals for the development of a snow centre as part of the ongoing regeneration of Middlehaven.

“Unfortunately the developers were unable to come up with a viable scheme, which led to an option to purchase on the land expiring, and it is now time to draw a line under the matter.

“We now look forward to pressing ahead with alternative developments that will help to transform this regionally important site.”