19th October 2011

LYME REGIS: Doctor calls for mediation

TOWN IS SPLIT OVER MEDICAL CENTRE DISPUTE AND PENDING EVICTION NOTICE

By Philip Evans

DOCTOR Ian Conway, who is under threat of eviction from the Lyme Regis Medical Centre, has called for an intermediary to be appointed to solve the long running property dispute.

Dr Conway, the principal GP at the centre, told the View from Lyme Regis this week: “I have put this proposal forward, a number of times over the past 12 months in various guises, and I haven't received a response. 

“I am conscious that in all disputes, whether between two individuals or between two countries, there must come a time when each side is prepared to hear what the other side is saying and is willing to enter some form of liaison. Firing letters back and forth through solicitors doesn't always help that process.”

Solicitors acting for the owners of the centre, former Lyme GPs Drs Andrew Llewelyn and Lindsay Slater, claim they have no knowledge of a request for mediation. 

Dr Conway has also posted a statement on the medical centre website denying that he has been using the building free of charge, an allegation made in a letter in last week’s View from Lyme Regis. The statement read: “A letter in the View from Lyme Regis newspaper (October 12th) claims, incorrectly, that I have been using the Lyme Regis Medical Centre 'free of charge'. 

“In fact I have paid Drs Llewelyn and Slater (via their solicitor) £17,000 to cover the period November 2010 - July 2011. Moreover, I have continued to meet the cost of the loan that Drs Llewelyn and Slater have against the medical centre. I have paid out in excess of £27,000 for my use of the medical centre since November 2010. Moreover I continue to offer to pay the balance up to a rent independently assessed by the District Valuer.”

The letter was written by Mr and Mrs Frank McGarry, who live in Ware Lane. In another letter to the View this week (see page 10), they define their statement by quoting from the crown court judgement, which stated: “Drs Robinson and Conway have been able to use the medical centre (in part representing Dr Llewelyn’s and Dr Slater’s capital) without making any payment to them in relation to it.”

The notice to quit the medical centre by November 4th was served on Dr Conway following the ruling at Bristol Crown Court in October last year that the ownership of the Lyme Regis medical Centre be vested in the names of Dr Llewelyn and Dr Slater.

If Dr Conway is evicted Dorset NHS will be forced to terminate his contract to run the medical centre and have made arrangements for Dr Forbes Watson, who runs the Lyme Bay Medical Practice at Kent House, to provide temporary cover until a permanent provider can be found.

A statement from the NHS stressed that Dr Conway’s reputation as a doctor was not in question.

The dispute has split the town with over 1,600 people signing a petition for Dr Conway to stay at the medical centre.

A futher statement was also issued this week, following the claims and counter claims in our columns, from Dr Lewelyn’s solictors, McClure Naismsith.

The statement said: “In the Court proceedings which he started Dr Conway claimed that Doctors Llewelyn and Slater had given up all rights in the medical centre following the 1999 dissolution of the original Lyme Practice.  Along with Dr Robinson’s Estate, Dr Conway claimed to be entitled to a half share in the medical centre.

“At the end of the trial the Judge rejected all of Dr Conway’s claims. Dr Llewelyn and Dr Slater therefore continued to hold the medical centre as Trustees in trust for beneficiaries including the League of Friends of Lyme Regis and District Healthcare Services, Dr Robinson’s Estate and themselves.

“Dr Conway has no rights in the Medical Centre.

“Since the death of Dr Robinson in February 2008, Dr Conway has been in sole occupation of the medical centre. He has received rent from Lloyds Pharmacy amongst others. 

“He has also received from Dorset Primary Care Trust sums intended for the repayment of the loan which Drs Robinson, Llewelyn and Slater undertook to fund the cost of construction of the medical centre. It is not clear to the Trustees of the medical centre what sums he has received and how they have been applied.

 “On August 30th of this year, having rejected the terms of the Licence to occupy the medical centre offered to him, and after the service of the Notice of Quit, Dr Conway made a payment of £17,000, purportedly to cover the period from November 2010 to July 2011.    

“This payment is said to have had deducted from it £9,852.08 in respect of the repayment of the loan, despite the fact that he will have received this from the Primary Care Trust. 

“The Judgment provides that beneficiaries under the Trust are entitled to their share of rents received in respect of the medical centre and compensation for its use and occupation since the dissolution of the original Lyme Practice partnership in 1999.

“The payment made by Dr Conway has been accepted on account of the Trustee’s claim for payment for his use and occupation of the medical centre.

“The Trustees were professionally advised that the Licence offered to Dr Conway was at a rent equivalent to that which would be assessed by the District Valuer. 

“The Trustees understand that in those circumstances Dr Conway would have been entitled to have that rent reimbursed by the Primary Care Trust in any event.

“At no time has Dr Conway taken any steps to put forward an alternative figure supported by his own professional advice.” 

PICTURE: LYME REGIS MEDICAL CENTRE - Ownership dispute has split the town

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