Source: All England Reporter
Publisher Citation: [2013] All ER (D) 129 (Jun)
Neutral Citation: [2013] EWHC 1502 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Lord Justice Richards and Mr Justice Mitting

Representation Nigel Pleming QC, Richard Wald, Maya Lester and Stephen Kosmin (instructed by Clifford Chance LLP) for the claimant.
  Steven Kovats QC, Kieron Beal QC and Penelope Nevill (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 11 June 2013

Catchwords

Constitutional law - Overseas territory - Colonial laws - Defendant Secretary of State creating marine protection area in British Indian Ocean Territory following consultation - Claimant challenging decision - Claimant seeking admission of document into evidence as accurate record - Whether document admissible as accurate record - Whether defendant's decision taken for improper motive - Whether consultation failing to reveal relevant information - Whether area breaching European Union law - Vienna Convention on Diplomatic Relations - Treaty on the Functioning of the European Union, art 198.

The Case

Constitutional law Overseas territory. The Secretary of State decided to create a 'no-take' marine protection area (MPA) in the British Indian Ocean Territory. The claimant sought judicial review of that decision. The Divisional Court, in dismissing the application, held that the Secretary of State had not been motivated by an improper purpose, the consultation process had disclosed relevant matters and the decision was compatible with European Union law.

Practice Areas

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