AN Evesham councillor’s bid to take the town council to court has been dismissed by a judge, who said her claim had “fundamental flaws”.

Emma Nishigaki had applied for a judicial review after being removed from committees and a town hall working group by Evesham Town Council last year.

She had also complained that two meetings had been held illegally - a full council meeting on July 3, 2023 and an extraordinary meeting on October 2.

But Judge James Tindall refused to grant permission for a review, saying “the claim as it stands is not arguable”.

CLAIMS: Town councillor Emma NishigakiCLAIMS: Town councillor Emma Nishigaki (Image: Image)

“The claimant does not explain in what respect the decision of July 3 was unlawful, especially as it was subject to public vote,” the judge said.

Judge Tindall said Cllr Nishigaki’s claim that her removal by the council had breached the European Convention of Human Rights was “utterly hopeless”.

READ MORE: No further action against Emma Nishigaki after Evesham Town meeting

The claim was made on the basis the councillor was exposed to public ridicule at the two meetings.

But the judge said: “Even if true, that is more likely to have been as a consequence of what was minuted as the public then-present’s ‘anger‘ at what were called her ‘false and defamatory statements’ she posted on social media, not the vote.

“In any event, the public were entitled to attend and express their views. That gets nowhere near the high threshold for ‘torture or inhuman and degrading treatment’ and the claim to that effect is little short of absurd.”

Cllr Nishgaki said a judicial review had been her only option as the Local Government and Social Care Ombudsman does not take complaints about parish councils.

“I was pleased the judge did not consider my case to be completely without merit,” she said, adding that she was considering whether to ask for the case to be reconsidered.

“The thing holding me back is that it could potentially cost the council a lot of money,” she added.

Jo Adams, Evesham Town Council’s town clerk, said: “I am delighted that Evesham Town Council has been fully vindicated and the application has been refused by the court.

“The report issued by the judge lays out very clearly the ill-conceived nature of the claims in Cllr Nishigaki’s application.

“The town council is required to carry out its operations openly and transparently and has always taken pains to do so. The council is glad that this episode is concluded and that it can get back to carrying out its normal functions and serving the people of Evesham.”