SCOTTISH Borders Council is going to court in a pursuit of a £1.6m compensation claim against Network Rail for the repair of roads, bridges and walls damaged during the construction of the Borders Railway.

Talks aimed at a resolution with the public body which owns and manages Scotland’s rail infrastructure and which contracted the line’s £294m construction have hit the buffers.

A preliminary hearing will be held at Selkirk Sheriff Court next month when the issues in dispute will be identified and procedural matters considered.

And if the warring parties stick to their guns, it could take 18 months to secure a judgement in the Court of Session, Scotland’s supreme civil court.

The catalogue of damage inflicted on and around the A7 corridor north of Galashiels – detrunked and thus the responsibility of the council since 1994 – was compiled in the weeks before the railway opened in September, 2015.

The first indication that the compensation claim was being contested by Network Rail came in April last year in a report to SBC’s scrutiny committee.

After that meeting, Councillor Gordon Edgar, executive member for roads and infrastructure, admitted: “The costed and detailed claim in respect of excessive damage cause by the volume of traffic and heavy plant machinery during the railway’s two-year construction phase is being disputed.

“We hope, however, this matter can be resolved without having the go to court and engage the services of expensive lawyers.”

But this week came confirmation that no such agreement has been reached.

“Put simply, we have been left with no alternative but to sue Network Rail for £1.6m,” said a council source who did not wish to be named.

“The claim covers the cost of repairing damaged side roads and includes the extensive costs we incurred in keeping the roads network open during the railway works.

“Many of your readers will recall how thousands of tonnes of earth were moved around and how the road had to be washed down regularly to keep it safe. That was carried out by the council and we believe Network Rail has a contractual obligation to cover the costs.

“If we are successful, then all the money will be devoted solely to that part of the roads network. If we are not successful, we will have to look at revisiting our capital spending priorities.

“At this point we do not know Network Rail’s legal position, but we suspect it will argue that the damage was not as bad as we are claiming.

“We appreciate the legal process could take up to 18 months but if, at any point, Network Rail wants to come back to the table with an offer, we will be happy to talk to them.”

At the time of going to press, the Border Telegraph had been unable to elicit a comment from Network Rail.