THE former boss of the Cliffs bandstand is taking Southend Council to the High Court over the loss of his business.

It is believed John Gayner feels the council could have done more to safeguard the bandstand - which included a restaurant, cafe and bar - before the landslip in November 2002.

Mr Gayner's company, Jay United Corporation, has now filed an action against the council and its consultants AF Howland Associates.

A consultants' report, obtained by the Echo under the Freedom of Information Act, reveals problems with the bandstand were recognised months before the landslip.

John Williams, the council's deputy town clerk, said: "I can confirm an action has been brought by Mr Gayner over the loss of his business at the time of the devastating landslip.

"This is now in the hands of our insurers American RE who will be dealing with the case on behalf of the council.

"The insurers have their own legal team and the council would not be involved in a case of this type, which is the reason we ensure we are fully insured at all times.

"As far as I am aware, there has been no figure put forward in the action.

"Normally, this would be decided by the High Court if any negligence was to be proved during the case."

Browne Jacobson, solicitors for Norfolk-based AF Howland Associates, confirmed a case had been lodged in the High Court, but declined to comment further.

The November 2002 landslip came just over a year after a previous slip had done serious damage to the cliff. Following this a new road, between Cliff Town Parade and Western Esplanade, was built to prevent further slippage.

However, much of this was swept away with the major collapse and has never been repaired.

Mr Gayner was in tears as he watched his business lay in ruins.

A report by AF Howland, now seen by the Echo, showed there had been worries before the major landslip in 2002 about the condition of the bandstand.

It stated: "The reconnasiance carried out in October 2002 found the restaurant building had seemingly dropped and moved laterally to the south, towards the cliff edge.

"The pathway at the rear of the building had cracks, which seemed to define the area of distress being between the toilet block and the garden restaurant.

"The concrete edge beam at the crest of the slope was intact and no sign of movement was evident."

Yet just six weeks after the inspection a 180-metre slip occurred on November 14.

At the time, the area was monitored by council officers who were looking at the movement of the building area and the slope below.

The area of the cliffs has been prone to landslips - the earliest in 1956 with others following in 1962, 1964 and 1969. The Echo was unable to contact Mr Gayner.