Paignton restaurateur looks to Europe after Law Lords reject damages case

RESTAURATEUR Chung Tak Lam has vowed to take his long-running case for damages against his local authority to the European Court of Human Rights after the Law Lords refused to grant him leave to appeal against previous decisions by other courts.

Lam is attempting to sue Torbay Borough Council for £500,000 for allowing a toy-making factory to open next to his 54-cover restaurant, Peking Gardens, in Paignton, which he was forced to shut down for three years because of paint fumes produced by the factory.

Last July the Court of Appeal backed an earlier High Court ruling striking out his claim against the council, and the Law Lords have backed those rulings.

Lam said: "My barrister cannot believe the decision. This means that a local authority has immunity to do what it wants.

"What if the council decides to put a sewage plant next door to me?

"We are now going to the European Court of Human Rights. Our rights are being denied and the truth must come out."