Source: All England Reporter
Publisher Citation: [2002] All ER (D) 220 (Jan)
Neutral Citation: [2001] EWCA Civ 03
Court: Court of Appeal, Civil Division

Thorpe, Laws LJJ and Morland J

Representation Michael Fordham (instructed by Public Interest Lawyers) for the applicant.
  Dinah Rose and Nicholas Khan (instructed by the Environment Agency) for the respondent.
  Nigel Pleming QC and Eleanor Grey (instructed by the Treasury Solicitor) for the Secretary of State for Defence.
  David Wolfe (instructed by CMS Cameron McKenna) for AWE plc.
Judgment Dates: 25 January 2002


European Community - Environment - Projects likely to significantly affect environment - Authorisations to discharge radioactive material from military sites - Whether justification test applying - Whether authorisations unlawful - Council Directive (Euratom) 80/836, art 6.

The Case

The merits or demerits of government defence policy were not justiciable, and accordingly the lawfulness of authorisations to permit the discharge of radioactive waste from military installations at which nuclear warheads were manufactured could not be challenged.

Practice Areas

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