FINAL legal advice to guard against any conflict of interest in the appointment of an acting chief executive was followed in full by Liverpool Council, the Daily Post has learned.

Cherie Booth, QC, recommended a series of measures to ensure the temporary transfer of David McElhinney from his role as boss of Liverpool Direct Ltd (LDL) complied with the law.

The Daily Post reported last month that Ms Booth had suggested putting Mr McElhinney on gardening leave for three to six months, at the end of his time as interim chief executive, before he returned to his post at LDL.

However, this legal advice, given on June 10, was followed by further advice two weeks later which made no reference to gardening leave, as she was satisfied the steps she outlined in that advice would result in the council acting lawfully and meeting its “statutory and fiduciary” obligations.

In a joint statement, Liverpool Echo editor Alastair Machray and Daily Post editor Mark Thomas said: “As a result of miscommunication between ourselves and the council, we were unable to confirm the existence of Ms Booth’s second advice, ahead of publication of our report on August 30.

“Consequently, our report took no account of that final advice and, in that respect, it was inaccurate.”

Ms Booth was asked for her expert advice at the instigation of council leader Cllr Joe Anderson because LDL is a joint venture between the authority and BT.