A clamping war of words has broken out between the Corporation of Hamilton and Bermuda’s Senior Magistrate.

Now the city authorities are to ask the Supreme Court to make a ruling on whether clamping cars is illegal.

The Corporation hit out after Archibald Warner said that the practice was not legal — and vowed to throw out any clamping cases brought before him.

But a spokesman for the Corporation said: “It is our belief that the statements being made about the Corporation of Hamilton both in and out of the courts are not supported by both case law and rulings by the courts.

“It is our hope that the Supreme Court will be able to bring this issue to a close at the earliest opportunity.”

Mr Warner in May dismissed charges against a 41-year-old Paget man who was clamped by hospital staff after parking his scooter in a reserved parking space at the King Edward VII Memorial Hospital.

The court heard that the man had removed a clamp and later handed the broken device to police officers who stopped him on nearby Berry Hill Road.

Mr Warner told prosecutors: “People cannot interfere with persons or their property except by lawful authority.”

And he said the Corporation continued to clamp vehicles — even though they had no legal right to do so either.

But the Corporation spokesman said that anyone clamped in a Corporation car park had been warned by notices that parking violators would be clamped.

He added: “The rules which are to be followed are clearly signed and the ownership of the clamps are clearly indicated, not the least of which is a six-inch sticky envelope containing the ticket which explains who clamped them and why they were clamped and who to call to release the clamp.”

And the spokesman said: “If someone damages the clamp on Corporation property it is no different than damaging the pay and display machine, the signage or lighting, all of which are the destruction of private property and damages will be sought.

“Any threats to Corporation of Hamilton staff during the course of their duties will not be tolerated and will be vigorously pursued with the Bermuda Police Service and if necessary in the civil courts.”